ILNews

7th Circuit: judge erred when sentencing man

Back to TopCommentsE-mailPrintBookmark and Share


The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.

Juan Corona-Gonzalez was convicted of possession with intent to distribute, distribution of 500 grams or more of a mixture containing a detectable amount of methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime. Corona-Gonzalez doesn’t appeal his convictions, but his 240-month sentence.

When he was being sentenced, then U.S. District Judge David F. Hamilton made three references to Corona-Gonzalez being deported and returning to the U.S. to deal drugs. But Corona-Gonzalez had originally entered the country legally on a visa and had never been deported. It was his father who was deported following a drug conviction in 2002. The pre-sentence investigation report included that information about the father. Corona-Gonzalez was in the country illegally now because his visa had expired.

At no point during the hearing did Corona-Gonzalez or the government speak up about the inconsistency between the PSR and what the judge said.

Because he didn’t object at the time, the 7th Circuit reviewed the procedural error for plain error and found there was no question that a procedural error occurred during the hearing. This error also affected his substantial rights, wrote Judge Kenneth Ripple in United States of America v. Juan A. Corona-Gonzalez a/k/a Juan R. Ramirez, No. 09-3993.

“Having studied the record and listened to the arguments of counsel, we are left with the firm belief that there is a substantial chance that the district court’s misapprehension played a significant role in the adjudication of the defendant’s sentence,” wrote the judge. “The district court tells us so in the sentencing transcript. …In fact, in stating the reasons for imposing the chosen sentence, the very first factor the court addressed was the supposed removal and reentry.”

The judges decided Corona-Gonzalez deserves the opportunity to have the District Court reassess his sentence. They remanded for the lower court to look at his sentence without including the incorrect statements that he had been deported.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT