DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073089P.pdf 07/22/2008 United States v. Bismarck Guillen-Esquivel
U.S. Court of Appeals Case No: 07-3089
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Colloton,
Circuit Judge]
Criminal case - Sentencing. 18 U.S.C. Sec. 1028(a)(3) effectively
limits the authority of a district court to consider the sentence it might
also be imposing for aggravated identity theft when it sets the overall
sentence for the combined convictions; here the district court erred in
considering the mandatory two-year term for identity theft when it
reduced the document trafficking sentence from the advisory Guidelines
range of 10 to 16 months to 7 days. Case remanded for resentencing.