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- ilnd;;1:11-cr-00511_de28 RegisterActionDate "2013-02-12" @default.
- ilnd;;1:11-cr-00511_de28 RegisterActionDescriptionText "MINUTE entry before the Honorable Rebecca R. Pallmeyer: as to D0DD525: Defendant D0DD525 pleaded guilty to a charge of illegal reentry and was sentenced to 35 months in custody. He now moves for relief from that sentence pursuant to Fed. R. Civ. P. 60(b) and Fed. R. Crim. P. 52(b). The Rules of Civil Procedure do not apply in this case, and Criminal Rule 52(b) merely distinguishes between plain error and harmless error. To the extent Mr. Munoz's motion seeks relief pursuant to 28 U.S.C. § 2255, it is denied. The court was fully aware, at the time of sentencing, of its discretion to sentence Mr. Munoz above or below the guidelines and to consider disparities created by the availability of "fast track" sentencing in other jurisdictions. Contrary to the suggestions Mr. Munoz makes in this motion, his history rendered any leniency inappropriate. Mr. Munoz's criminal history includes convictions for burglary, for possession of controlled substances, and for driving under the influence. He has been removed from the United States at least four times and has previously been convicted of illegal re-entry. Mr. Munoz's family connections in the United States, and his history of defiance of court orders, support the conclusion that he is likely to recidivate. His motion 29 is denied. Mailed notice (etv, ) (Entered: 02/12/2013)" @default.
- ilnd;;1:11-cr-00511_de28 AdministrativeID "30" @default.
- ilnd;;1:11-cr-00511_de28 OntologyLabel dispositive @default.
- ilnd;;1:11-cr-00511_de28 OntologyLabel plea_guilty @default.
- ilnd;;1:11-cr-00511_de28 OntologyLabel minute_entry @default.
- ilnd;;1:11-cr-00511_de28 OntologyLabel plea @default.
- ilnd;;1:11-cr-00511_de28 OntologyLabel sentence @default.
- ilnd;;1:11-cr-00511_de28 hasReferenceToOtherEntry ilnd;;1:11-cr-00511_de27 @default.