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7th Circuit: judge erred when sentencing man

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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.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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