United States v. Enrique Mendoza, Jr.

Enrique Mendoza, Jr., appeals the sentence imposed pursuant to the Sentencing Guidelines, 18 U.S.C. § 3553 after a guilty plea to the offense of Supplying False Documents ( 8 U.S.C. § 1160 (b)(7)(A)(ii)).

I. FACTUAL BACKGROUND

The defendant, Enrique Mendoza, Jr., was originally charged with three counts of supplying false documents to aliens for the purpose of the aliens acquiring lawful residence status in the United States. The defendant pleaded not guilty and proceeded to trial before a jury on November 1 and 2, 1988. The jury was unable to reach a verdict on any of the counts and, therefore, a mistrial was declared.

On February 13, 1989, the Government and the defendant entered into a plea agreement whereby the defendant pleaded guilty to Count 1 and the Government dismissed Counts 2 and 3. The Government agreed to recommend to the court that the defendant be placed on probation, if the defendant gave a detailed statement as to his activities in 1985 and 1986. The defendant complied with that agreement.

Since the offense of conviction took place after November 1, 1987, the Sentencing Guidelines apply to this case. A presen-tence report was prepared in this matter which…