Legal Opinion

United States v. Ramirez-Silva

Court of Appeals for the Seventh Circuit

Decided April 1, 2010No. 09-3365Published

1Opinion of the Court

ORDER

Marcial Ramirez-Silva pleaded guilty to being in the United States without permission after a prior removal, 8 U.S.C. § 1326(a). The district court sentenced him to 46 months in prison, the bottom of the guidelines range. He argues on appeal that the court failed to address his proposed bases for an even lower sentence. We affirm.

In March 2009, a deputy sheriff in Effingham County, Illinois, pulled over Ramirez-Silva in a routine traffic stop. Ramirez-Silva provided a Mexican identification card with the name “Alvaro Torres-Valencia,” one of his several aliases. He admitted being in the…

2Cases cited18 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. Johnson v. United StatesSupreme Court of the United States · 2000
  3. United States v. Robert MykytiukCourt of Appeals for the Seventh Circuit · 2005
  4. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
  5. United States v. Gomez-HerreraCourt of Appeals for the Fifth Circuit · 2008

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