U.S. v. LOPEZ-HERNANDEZ

No. 11-3854.

687 F.3d 900 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar Ludin LOPEZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 2012.


Attorney(s) appearing for the Case

Stuart D. Fullerton (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Keri A. Ambrosio (argued), Attorney, Chicago, IL, for Defendant-Appellant.

Before POSNER, MANION, and TINDER, Circuit Judges.


POSNER, Circuit Judge.

The defendant, a 27-year-old Mexican citizen, pleaded guilty to being in the United States without permission after he had been deported, 8 U.S.C. § 1326(a), and was sentenced to 71 months in prison, the top of the applicable guidelines range (the bottom is 57 months). His principal ground of appeal is that the judge should not have taken into account, in deciding to sentence him at the top of the range, his 41 arrests that had not resulted...

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