United States v. Majano-Alvarez, No. 07-CR-839 (JBW), 2009 WL 2878447 (E.D.N.Y. Sept. 2, 2009)
Majano-Alvarez pled guilty to a single-count indictment for illegal re-entry. He faced an advisory Guidelines range of 57 to 71 months, yet was sentenced to 30 months imprisonment -- a substantial non-Guidelines sentence. Why? Because his criminal history score over-represented the seriousness of his criminal past. Specifically, "a minor conviction for unlawful concealment of a grocery item with a price tag of $5.65 caused an increase in the defendant's criminal history category from three to four; four criminal history points were found to over-represent his record. He is a youn, intelligent, and capable of improving himself."