United States of America v. Robert Carlos Cerrillo

Fort Worth, Texas, criminal defense lawyer represented the Defendant charged with possession of a firearm by a prohibited person.

Cerrillo argued that the district court erred in applying the U.S.S.G.
§ 2K2.1(c)(1)(A) cross-reference to the attempted second-degree murder
guideline provision at U.S.S.G. § 2A2.1 because there was insufficient
evidence that he intended to kill the victim when he shot him. Because
Cerrillo admitted to police that he aimed at the victim and fired a shot, we
conclude that the district court did not clearly err in finding an intent to kill
and applying the cross-reference. See United States v. Abrego, 997 F.3d 309,
312 (5th Cir. 2021). Moreover, even if this argument had merit, any error in
applying the cross-reference was harmless. See United States v. Guzman-
Rendon, 864 F.3d 409, 411 (5th Cir. 2017); United States v. Ibarra-Luna, 628
F.3d 712, 718 (5th Cir. 2010).

Pursuant to the Sentencing Reform Act of 1984, as amended, it is the judgment of the Court that the defendant, Robert Carlos Cerrillo, in 4:23-CR-00066-O(01), is hereby committed to the custody of the Federal Bureau of Prisons for a period of ONE HUNDRED TWENTY (120) months. This sentence shall run concurrently with any future sentence which may be imposed in Case No. 1736481D, pending in the 432nd Judicial District Court of Tarrant County. The Court did not order a fine because the defendant does not have the financial resources or future earning capacity to pay a fine. It is further ordered that the defendant pay a special assessment of $100. Supervised Release is Ordered for a term of THREE (3) years. Pursuant to 18 U.S.C. 924(d); 21 U.S.C. 853; and 28 U.S.C. 2461(c), the defendant shall forfeit to the government a Smith and Wesson, Model M&P Shield EZ M2.0, 9-millimeter caliber pistol, bearing Serial No. RCV8567. The Court recommends to the BOP that the defendant be allowed to participate in the Residential Drug Treatment Program, if eligible. The Court makes a non-binding recommendation to the BOP that Defendant, if appropriately classified, be allowed to serve his term of imprisonment at an FCI Facility within the Northern District of Texas in a Gang Step-Down Unit. The Defendant is remanded to the custody of the US Marshal. RESENTENCED 7/11/25: BOP - 120 months; S/R - 3 years; MSA - $100.