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U.S. v. ORTEGA-GALVAN

No. 11-3115.

682 F.3d 558 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ingrel Estiel ORTEGA-GALVAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 2012.

Attorney(s) appearing for the Case

Seth B. Fitter (argued), MD, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Bart E. Beals (argued), Beals Law Firm, Chicago, IL, for Defendant-Appellant.

Before POSNER, SYKES, and TINDER, Circuit Judges.

POSNER, Circuit Judge.

In this appeal from a 41-month sentence for entering the United States without authorization after having been removed, 8 U.S.C. § 1326(a), we consider whether and when a district judge can reduce a defendant's sentence upon discovering an error in an earlier conviction of the defendant, a conviction that if left undisturbed would support the higher sentence.

Several of the circuits, relying on Custis v. United States,

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