Unted States v. Trujillo-Castillon, No. 11-2646 (7th Cir. 2012)
Annotate this CaseCastillon was indicted for fraudulently using credit and gift card accounts for purchases totaling $139,063.23: conspiring to violate 18 U.S.C.1029(a)(2) and (3), (intentionally using an unauthorized access device, and knowingly possessing 15 or more such devices with intent to defraud); fraudulent use and possession of unauthorized access devices, 18 U.S.C. 1029(a)(2); and aggravated identity theft, 18 U.S.C. 1028A(a)(1). Castillon pled guilty to conspiracy and aggravated identity theft. His presentence report revealed that he was born in Cuba and fled to the U.S. at age 17 and calculated his offense level at 16 and his criminal history category at four. His recommended guideline range was 33 to 41 months for conspiracy plus a consecutive, mandatory 24-month term for aggravated identity theft. Based on Castillon’s admission that he viewed fraud differently than violent crimes, the government argued that “Maybe there is a different attitude toward private property in Cuba.” Defense counsel did not object, but responded that there is an “attitude” in Cuba that “you’re pulling a Robin Hood.” He suggested that Cuban immigrants have a hard time adjusting. The court imposed a sentence of 48 months plus 24 months. The Seventh Circuit vacated; there is support for Castillon’s argument that his national origin was considered in sentencing.
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