United States v. Gilberto Alcarez Camacho
Opinion
Opinion
Tashima, J.
The United States appeals the sentence imposed upon Gilberto Camacho following his guilty plea to one count of failure to appear, in violation of 18 U.S.C. § 3146 . The government contends that the district court erred by failing to sentence Camacho under the United States Sentencing Guidelines. We agree and therefore reverse. Our jurisdiction is pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 .
BACKGROUND
Camacho was indicted in 1974 for violations of 21 U.S.C. §§ 841 (a)(1) and 846. He was released on bail but then failed to appear following the second day of his 1975 trial. On the fourth day, the jury found Camacho guilty. Camacho remained a fugitive until March 19, 2002, when he was arrested while attempting to enter the United States from Mexico.
On June 7, 2002, Camacho was indicted for failure to appear during his 1975 trial, in violation of 18 U.S.C. § 3146 . At a July 29, 2002, hearing, Camacho indicated that he wanted to plead guilty to the failure to appear count and that he wished to proceed with sentencing. The government objected, stating that it had filed a first superseding information, correcting some errors in the indictment. The district court,…