United States of America v. Juan Guajardo-Martinez

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ARGUED FEBRUARY 10, 2011

Before MANION, EVANS, and HAMILTON, Circuit Judges.

Juan Guajardo-Martinez, a 34-year-old Mexican national, pled guilty to illegal re-entry of a removed alien subsequent to a conviction for com-mission of an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Guajardo was given a below-guidelines sentence and has appealed. We rejected defense counsel’s request to withdraw as appointed counsel pursuant to Anders v. California, 386 U.S. 738 (1967), and ordered briefing as to the district court’s consideration of the defendant’s prior arrests that led to neither a conviction nor a finding by the district court that the alleged unlawful conduct was proven by a preponderance of the evidence. Guajardo also argues on appeal that the district court erred in not granting a lower sentence based on the fact that the Northern District of Illinois does not have a “fast-track” program, because the judge’s decision was premised on the appellant’s criminal record, including the prior arrests not leading to conviction. While the district court erred in considering two of the defendant’s three arrests not leading to conviction, we find that there was no prejudice to defendant and no plain error. We affirm the district court’s judgment.

More From ALM

Gain a competitive edge with essential trends and insights shaping the legal landscape. Uncover strategies for navigating client demands, leveraging technology, and reducing administrative burdens. Download the yearly roundup report.

Yearly Roundup: Strategic Insights for Law Firm Decision Making

Brought to you by CARET Legal
Download Now

Unlock tips on the best approach to selecting, implementing, and optimizing legal software to streamline your small law firm's operations. From automating administrative tasks to improving client relationships, this playbook offers a step-by-step guide and a helpful checklist to optimize your firm's processes and determine the best software for your practice.

Small Law Firm Playbook: The Expert's Guide to Getting the Most Out of Legal Software

Brought to you by PracticePanther
Download Now

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More