U.S. v. Anaya-Aguirre

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 11-3675
Decision Date: 
January 10, 2013
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in sentencing defendant to below-guidelines, 48-month term of incarceration on charge of illegal reentry into U.S. after having been deported, even though Dist. Ct. did not base said sentence on defendant’s claim that he should have received more substantial reduction due to fact that Northern District of Illinois did not have “fast-track” program of imposing shorter sentence in exchange for prompt guilty plea. Ct. rejected defendant’s claims that prosecutor misled him into believing that govt. would not oppose fast-track sentence, or that Dist. Ct. was under misimpression that Supreme Ct. precedent precluded it from imposing reduced, fast-track sentence. Ct. further observed that defendant failed to show that he would have been eligible for fast-track status given fact that he waited four months after indictment to plead guilty and only conditionally waived any appellate rights.