Espinoza-Cano

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2002, Espinoza-Cano, a citizen of Mexico, was residing in the United States. On May 30, 2002, he and an accomplice were arrested for stealing several items, totaling more than $400, from an Albertson’s grocery store in Mountain View, California. The police report from the incident was attached to, and incorporated by reference into, the criminal complaint as the statement of probable cause. Espinoza-Cano pleaded guilty to grand theft, in violation of §§ 484-487(a) of the Cali- fornia Penal Code. At the taking of his plea, counsel stipu- lated that there was a factual basis for the plea as set forth in the police report. Espinoza-Cano was sentenced to twelve months imprisonment and, on February 6, 2003, was deported to Mexico. 2 Section 5K1.1 provides that “[u]pon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense, the court may depart from the guidelines.” U.S. Sentencing Guidelines Manual § 5K1.1 (2004). 9056 UNITED STATES v. ESPINOZA-CANO Following his deportation, Espinoza-Cano re-entered the United States…