United States of America v. Juan Francisco Carvajal-Andujar

Case Number: 24-CR-555

Judge: Margaret I. Strickland

Court: United States District Court for the District of New Mexico (Dona Ana County)

Plaintiff's Attorney: United States District Attorney's Office in Las Cruces

Defendant's Attorney: Kimberly Penix

Description: Las Cruces, New Mexico criminal defense lawyer represented the Defendant charged with illegal re-entry after removal.

In 2022, Mr. Carvajal-Andujar was removed from the United States after he was released from custody for a 2017 conviction for kidnapping and indecent assault of a minor. In 2024, he was caught attempting to reenter the country without authorization.

Mr. Carvajal-Andujar is a citizen of the Dominican Republic who has lived in the United States since at least 2006. He has been removed from the country on two different occasions, in 2015 and 2022. In February 2024, U.S. Border Patrol agents discovered Mr. Carvajal-Andujar reentering the country near the United States–Mexico border in Dona Ana County, New Mexico. Upon being questioned, Mr. Carvajal-Andujar admitted he was not authorized to be in the United States. Consequently, Mr. Carvajal-Andujar was arrested for illegal reentry. He thereafter pleaded guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326.

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The PSR calculated a sentencing range for Mr. Carvajal-Andujar of 24 to 30 months, in accordance with the U.S. Sentencing Commission Guidelines (“U.S.S.G.” or “Guidelines”). To determine that sentencing range, the PSR calculated a criminal History score of six, which placed Mr. Carvajal-Andujar in criminal history category III. Additionally, the PSR calculated an offense level of 15. To arrive at that number, the PSR began with a base offense level of 8; subtracted two levels for Mr. Carvajal-Andujar’s acceptance of responsibility; subtracted one level for his timely decision to plead guilty; and added a ten-level sentencing enhancement under U.S.S.G. § 2L1.2. The sentencing enhancement was applied because Mr. Carvajal-Andujar was convicted of a felony “for which the sentence imposed was five years or more”—namely, the 2017 conviction. U.S. Sentencing Commission Guidelines Manual, § 2L1.2(b)(3)(A) (Nov. 2023). Mr. Carvajal-Andujar did not file any objections to the PSR’s Guidelines calculation.

Outcome: The Defendant was sentenced to 30 months in prison.

Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

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