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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.