United States v. Carlos Galvan Escobar

STEPHEN A. HIGGINSON, Circuit Judge:

Carlos Gerardo Galvan Escobar pleaded guilty to unlawful reentry following removal. See 8 U.S.C. § 1326(a). At sentencing, he argued that his mental health and drug abuse issues warranted leniency. The district court agreed. So it announced a below-Guidelines sentence. Escobar responded that he might not be eligible for mental health or drug abuse treatment programs in prison. The court again agreed. It therefore expressed hope Galvan Escobar could get help—and even recommended treatment—but conceded the sentence might be too brief for him to join a prison…