United States v. Paz-Giron

Paz-Giron entered the U.S. without authorization around 1985 when he was 15 years old. Between 1998 and 2001, he was convicted four times in California for driving under the influence of alcohol. He was removed to Mexico in 2002. Paz-Giron returned to the U.S. and, in January 2013, he was again convicted of driving under the influence. Two months later he pleaded guilty to identity theft to obtain medical services, an aggravated felony under 8 U.S.C. 1101(a)(43)(M)(i) because it involved more than $10,000 in loss to the victim. In 2015 he was convicted of another DUI. In 2015 Paz-Giron was indicted and pled guilty to being unlawfully present in the United States after removal. He and was sentenced to 24 months in prison. The Seventh Circuit vacated the sentence. The district court misapplied an 8-level upward adjustment in the Sentencing Guidelines for aliens who unlawfully remain in the U.S. after being convicted of an aggravated felony, U.S.S.G. 2L1.2(b)(1)(C). Paz-Giron was removed in 2002, long before he committed the aggravated felony of identity theft. View "United States v. Paz-Giron" on Justia Law