NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued September 20, 2019 Decided December 3, 2019 Before DIANE P. WOOD, Chief Judge DANIEL A. MANION, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge No. 19-1946 UNITED STATES OF AMERICA, Appeal from the United States District Court Plaintiff-Appellee, for the Northern District of Indiana, Hammond Division. v. No. 2:18-cr-00052-JTM-JEM-1 CRISTIAN MANUEL YUPA YUPA, Defendant-Appellant. James T. Moody, Judge. ORDER Cristian Yupa Yupa was born in Canar, Ecuador, and is a member of the indigenous Kichwa tribe. He immigrated to the United States in 2000 to escape, he alleges, gang recruitment. While in Ecuador, he began a sexual relationship with a young girl. This relationship continued when the two came to the United States where, when he was 25, and she was 14, he was arrested and pled guilty in the Circuit Court of Cook County, Illinois, to the state crime of criminal sexual abuse of a minor. Following his release from prison in 2004, the government deported him to Ecuador. He subsequently re-entered the United States without permission, and on April 24, 2018, he was detained while at a job site in Indiana. He was arrested on May 23, 2018, and stipulated to pretrial detention. No. 19-1946 Page 2 The government charged Yupa Yupa with one count of entering the United States without permission, to which he pled guilty without a plea agreement, on July 20, 2018. Because this is a case about timing, we must thread through some of the other key dates. The probation office filed its presentence investigation report on October 18, 2018. The government filed its sentencing memorandum on October 28, 2018, and Yupa Yupa filed his sentencing memorandum on October 29, 2018. On November 21, 2018, Yupa Yupa filed a motion to schedule a sentencing hearing. The court issued an order on February 11, 2019, scheduling the sentencing hearing for May 10, 2019. In short, the court held Yupa Yupa’s sentencing hearing a little less than ten months after he entered his guilty plea and about twelve and a half months after his original detention. On February 25, 2019, Yupa Yupa filed a motion for discharge, arguing that the delay in sentencing violated his rights under the Sixth Amendment, the Speedy Trial Act, and the Due Process Clause of the Fifth Amendment.1 As a result, he asked the court to dismiss the charges against him. The judge denied the motion the following day, noting that the court had considered the sentencing options, that the May sentencing date would not violate Yupa Yupa’s due process rights, and that he could still argue for a below-guidelines sentence. R. 32 at 2–3. On May 10, 2019, the court sentenced Yupa Yupa to eighteen months’ imprisonment and two years of supervised release, if he was not deported, removed or excluded from the United States. The United States Sentencing Guidelines suggested a sentencing range ...
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