United States v. Carlos Campos-Martinez AKA Carlos Martinez-Campos

I. Facts

In September 1987, defendant, Carlos Campos-Martinez, was convicted of a felony (burglary). On July 2, 1989, Campos-Martinez was deported. On June 4, 1991, Campos-Martinez was convicted of another felony (burglary) and was deported again. On June 5, 1991, Campos-Martinez was arrested in the United States for yet another burglary. Campos-Martinez was then indicted under 8 U.S.C. § 1326 for illegal reentry after having been deported.

On September 3, 1991, Campos-Martinez pleaded guilty to the one-count indictment. During the plea hearing, Campos-Martinez stated that he understood the government might seek either a two-year or a five-year maximum sentence depending on his criminal history. The presentence report recommended a sentence of 24-30 months based on the United States Sentencing Guidelines. Campos-Martinez objected to this recommendation, arguing that he had pleaded guilty to a violation of subsection 1326(a) and that his maximum sentence was therefore 24 months. The government argued that Campos-Martinez had pleaded guilty to a violation of subsection 1326(b)(1) and that his maximum sentence was therefore five years. At sentencing, the district court adopted the…