U.S. v. RAMIREZ

Nos. 09-3932, 10-2190, 10-2689.

675 F.3d 634 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Sandoval RAMIREZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Francisco Ocampo-Pineda, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luis A. Mandujano-Gonzalez, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 2011.

Amended December 23, 2011.

As Amended on Denial of Rehearing En Banc March 15, 2012.


Attorney(s) appearing for the Case

Monica Mallory (argued), Attorney, Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee in No. 09-3932.

Yasmin Noelle Best (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee in No. 10-2190.

Helene B. Greenwald (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee in No. 10-2689.

Richard H. Parsons , Attorney, Office of the Federal Public Defender, Peoria, IL, A. Brian Threlkeld (argued), Attorney, Office of the Federal Public Defender, Urbana, IL, Sergio S. Ramirez , pro se, for Defendant-Appellant in No. 09-3932.

Anthony W. Hill (argued), Attorney, Chicago, IL, for Defendant-Appellant in No. 10-2190.

Jonathan E. Hawley , Federal Public Defender, Office of the Federal Public Defender, Peoria, IL, A. Brian Threlkeld (argued), Attorney, Office of the Federal Public Defender, Urbana, IL, for Defendant-Appellant in No. 10-2689.

Daniel W. Stiller , Federal Public Defender, Federal Defender Services of Eastern Wisconsin, Incorporated, Milwaukee, WI, for Federal Defender Services of Wisconsin, Incorporated, Amicus Curiae.

Before CUDAHY, EVANS, and TINDER, Circuit Judges.


PER CURIAM.

We have consolidated these appeals to answer a recurring question: What evidentiary showing must a defendant charged with being found in the United States after previously having been deported, 8 U.S.C. § 1326(a), make before a district court is obliged to consider his request for a lower sentence to account for the absence of a fast-track program in that judicial district? The question has been percolating since we decided United States v. Reyes...

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