United States v. Mateo-Medina, — F.3d —, 2017 WL 76944, 2017 U.S. App. LEXIS 342, No. 15-2862 (3d Cir. Jan. 9, 2017) (plain error for district court to rely upon, at sentencing, arrests that did not result in conviction; racial disparities in arrest rates)
Maximo Mateo-Medina appealed his sentence of imprisonment for twelve months and one day for illegal reentry in violation of 8 U.S.C. §§ 1326(a) & (b)(1). The Third Circuit held that the district court erred in considering, at sentencing, arrests that had not resulted in convictions. The error was plain under controlling Third Circuit precedent: United States v. Berry, 553 F.3d 273, 281-84 (3d Cir. 2009). Notably, the opinion relies upon implicit racial bias and racial disparities in arrest rates.
Mr. Mateo-Medina pled guilty to the reentry offense. The PSR calculated his criminal history as category II based on a 2000 conviction for driving under the influence and a 2012 conviction for fraudulently applying for a passport. The PSR also listed six other arrests that had not resulted in convictions; the PSR did not describe underlying conduct.
The Guidelines range was 8-14 months’ imprisonment. “At the sentencing hearing, both the prosecutor and the defense argued for a sentence of time served, which would have been the equivalent of roughly six months, or the lower end of the Guidelines range.” The district court disagreed, and imposed a significantly longer sentence. In explaining the sentence, the district court commented on Mr. Mateo-Medina’s arrest record:
I also cannot overlook the defendant’s rather extensive . . . interaction with the criminal justice system. But there were as I counted, I believe seven [sic] arrests, two convictions in three states since 1988. So, the defendant . . . has engaged in conduct which to the Court’s view belied and made ring hollow a little bit his desire to merely come to America to seek a better life.