United States v. Jairo MacHiche AKA Jairo MacHiche

The United States appeals from an order of the United States District Court for the District of Arizona entering a judgment against defendant Jairo Machiche-Duarte (“defendant”), convicting him, following a guilty plea, of illegal reentry into the United States after having been deported following conviction of an aggravated felony, in violation of 8 U.S.C. § 1326 , and sentencing him to 18 months imprisonment followed by 36 months of supervised release. On appeal, the United States argues that the District Court erred in granting the defendant’s request for a downward sentencing departure under U.S.S.G. § 2L1.2 Application Note 5. We agree, and reverse the sentencing decision of the District Court.

I.

The defendant is a native and citizen of Mexico. He pled guilty to Solicitation to Commit Shoplifting in Pima County, Arizona on June 15, 1998, and was sentenced to one year in prison. On September 17, 1998, the defendant pled guilty to Attempted Theft, and was sentenced to one year in prison to be served consecutively with the prior sentence. Both were felony convictions. The defendant was released from custody on September 13, 1999, and de ported by the Immigration and…