United States v. Jose Gomez-Orozco
Court of Appeals for the Seventh Circuit
1Opinion of the Court
BAUER, Circuit Judge.
Jose Gomez-Orozco pled guilty to one count of illegal re-entry by an alien, in violation of 8 U.S.C. § 1326(a). Upon discovering that he may actually be an American citizen, Gomez-Orozco sought to withdraw his guilty plea prior to his sentencing date. After a hearing, the district court denied his motion and sentenced him to 79 months imprisonment. We reverse.
I. BACKGROUND
Gomez-Orozco was born in Mexico in 1972. His Presentence Investigation Report (“PSI”), says that he first entered the United States in 1989. In June of 1994, Gomez-Orozco was convicted of attempted…
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