United States v. Calderon Espinosa

I. Background

Calderon, a Mexican citizen, was lawfully removed from the United States on May 27, 2004. On July 12, 2004, Calde- ron reentered the United States without inspection. On Sep- tember 13, 2007, over three years later, immigration authorities found Calderon in Los Angeles County.

On December 10, 2007, pursuant to a binding plea agree- ment, Calderon pleaded guilty to being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. In his plea agreement, Calderon stipulated that he would “serve a sentence of imprisonment of duration equal to the low end of the applicable guideline range determined by a total offense level of 13 and [Calderon’s] calculated criminal history category . . . . ”

The probation office prepared a Modified Presentence Report (“PSR”) that calculated seven criminal history points for Calderon based on three prior convictions, placing him in Criminal History Category IV. Among the seven total points assigned was one point for Calderon’s 2004 conviction for “Loitering for Drug Activities” in violation of California Health and Safety Code section 11532. The probation office also assigned an additional…