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United States v. Arcila-Torres

United States District Court, D. Arizona

September 15, 2015

United States of America, Plaintiff/Respondent,
v.
Jesus Arcila-Torres, Defendant/Movant.

ORDER

CINDY K. JORGENSON, District Judge.

Pending before the Court is the Motion under 28 U.S.C. ยง 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (CV 15-046, Doc. 1; CR 11-2275, Doc. 38) filed by Movant Jesus Arcila-Torres ("Arcila-Torres").

I. Procedural Background

On June 29, 2011, Arcila-Torres was indicted on one count of Re-Entry After Deportation. The matter was scheduled for a change of plea hearing on May 2, 2012. During the hearing, the following occurred:

THE COURT:... Do you understand that the maximum penalties in regard to that charge is a fine of $250, 000, 20 years imprisonment, supervised release of up to three years, and a special assessment is applicable in the amount of $100?
THE DEFENDANT: Yes.
THE COURT: Are we aware of what this gentleman's Criminal History might end up being or are we just going -
[DEFENSE ATTORNEY]: That's the question, Your Honor. There is - he has a - well, a number of charges in the past, but the thing that I think will potentially lead to a lower Criminal History Level is, a lot of them say, no complaint filed, dismissed, no complaint filed, no complaint filed, or he pled to a misdemeanor. So I don't think he's going to have a super high Criminal History Category. But as I explained to my client, that's through the - my eyes as a defense attorney.
And I briefly spoke with counsel about that. That he had a felony charge back in 2002 and then this one. So I guess we'll have to see - it will probably be at least Category II.
THE COURT: Okay. Thank you.
Of course it is a graduated amount, and I'm sure the defendant understands that. But if it were a Category II, the term of imprisonment would be 33 to 46 months. Of course if it ends up being something higher than that, then it would accordingly go up as well.
Okay. And if it's determined that the defendant was on supervised release at the time the present offense was committed, that does change that as well, Category II, 21 to 30 months.

Change of Plea Transcript (Doc. 40) ("COP Tr."), pp. 3-4.

THE COURT: Have you had enough time to talk to your lawyer about your case?
THE DEFENDANT: Yes.
THE COURT: Are you satisfied with his representation of you?
THE DEFENDANT: Yes.

Id. at p. 6

THE COURT:.... Do you understand the charge here?
THE DEFENDANT: Yes.
THE COURT: And further, what the possible penalty ...

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