United States v. Jose Luis Medina-Cervantes

Medina-Cervantes was convicted by a jury of entering the United States illegally in violation of 8 U.S.C. § 1325 and of reentering the United States after having been deported in violation of 8 U.S.C. § 1326 . He was sentenced to the maximum statutory penalty for each violation. On appeal, he contends that the sentence imposed by the District Court unconstitutionally penalized him for his assertion of his Sixth Amendment right to trial by jury. We vacate the sentence imposed and remand for resentencing.

Initially, we note that the sentence imposed by the District Court was within the range of penalties prescribed by statute. Ordinarily, our inquiry would end there. See United States v. Thompson, 541 F.2d 794, 795 (9th Cir. 1976). Medina-Cervantes contends, however, that the maximum statutorily permissible sentence was imposed not to punish him for the crime he committed but, rather, as a sanction for his assertion of the constitutional right to trial by jury. In support of this contention, Medina-Cervantes directs our attention to the following statements made by the District Court:

[Record Transcript 99-100]. Moreover, in imposing the fine upon Medina-Cervantes, the Court…