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United States of America v. Giraldo Trujillo-Castillon

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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.

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