U.S. v. Moreno-Padilla

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-4302
Decision Date: 
April 8, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 80-month term of incarceration on charge of illegal re-entry into U.S. where said sentence was based in part on inclusion into defendant's criminal history, three 1991-92 convictions that defendant claimed had release date that was more than 15 years before he committed instant offense. While defendant claimed that presentence report was inaccurate in that it suggested that defendant's parole on said offense had been revoked, and thus his release date on said convictions had been extended to time within relevant 15-year period, Dist. Ct. could properly rely on information contained in presentence report since defendant failed in his burden of demonstrating inaccuracy of presentence report where defendant gave only bare statement that correctional officials had provided erroneous information about status of his prior convictions.