Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States of America v. Giraldo Trujillo-Castillon

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED MARCH 27, 2012

Before FLAUM, WILLIAMS, and TINDER, Circuit Judges.

Giraldo Trujillo-Castillon pled guilty to one count of conspiring to use unauthorized accounts and one count of aggravated identity theft. He received an above-guideline, 48-month prison term for the conspiracy, and a mandatory, consecutive 24- month term for aggravated identity theft. Trujillo- Castillon appeals the 48-month sentence, first arguing that the court ignored his evidence in mitigation. However, the court considered his lesser participation in the conspiracy but found it was outweighed by the severity of his crime and his underrepresented criminal history. Trujillo-Castillon next contends that his Cuban heritage was improperly factored into his sentence. His argument finds support in the transcript, and we cannot say with any reasonable certainty that his national origin had no impact, so we vacate his sentence and remand for resentencing.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
BANKRUPTCY AND COMMERCIAL LITIGATION ATTORNEY Philadelphia, PA or Wilmington, DE (2-5 years experience)

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Personal Injury Attorney

Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...


Apply Now ›
Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›
Go to Lawjobs