United States Ninth Circuit

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US v. Casasola, 10-50376

In a prosecution of a Guatemalan citizen for illegal reentry into the United States after removal, the district court's denial of a motion to dismiss the criminal information is affirmed, and the sentence is affirmed, where: 1) the defendant did not obtain derivative citizenship when his father was naturalized before the defendant turned eighteen but his mother, still married to the father, was not; 2) the statute as it existed at the relevant time did not deny equal protection, because it did not permit automatic derivative citizenship when one parent having joint custody was naturalized, but rather required the custodial parent, upon naturalization, to have sole legal custody; and 3) a sentencing guideline amendment that deleted the criminal history "recency" points used to calculate the defendant's criminal history category was not retroactive, and the sentence was neither substantively nor procedurally unreasonable.

Appellate Information

  • Decided 01/30/2012
  • Published 01/30/2012

Judges

  • Schroeder

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • David M. Herzog, Davina T. Chen