Aguirre-Gonzalez

MEMORANDUM **

Defendant Enrique Aguirre-Gonzalez was indicated on a charge of reentry after deportation in violation of 8 U.S.C. §§ 1326 (a) & (b)(2). The Federal Public Defender was appointed to represent Defendant. Prior to trial, however, Defendant privately retained defense counsel. Retained counsel gave notice that at trial Defendant would call an expert to establish Defendant had attained derivative citizenship through a grandparent. At the close of the Government’s case in chief, however, Defendant entered a plea of guilty without any plea agreement. At the conclusion of the plea colloquy, the district court found a factual basis for the plea. The court further found Defendant acknowledged his guilt, knew the rights he was waiving, and was aware of the maximum twenty-year sentence for the offense. The court concluded Defendant’s plea was knowing and voluntary. With a criminal history category of VI and an offense level of 21 (including a three level reduction for acceptance of responsibility), Defendant’s guideline range was 77 to 96 months imprisonment. The district court sentenced Defendant (now represented by a third attorney) to 77 months imprisonment. Defendant timely…