Shaid Juarico-Cervantes v. United States

NOT RECOMMENDED FOR PUBLICATION File Name: 23a0233n.06 No. 22-1497 UNITED STATES COURT OF APPEALS FILED FOR THE SIXTH CIRCUIT May 23, 2023 DEBORAH S. HUNT, Clerk SHAID URIEL JUARICO-CERVANTES, Petitioner-Appellant, ON APPEAL FROM THE UNITED v. STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN UNITED STATES OF AMERICA, OPINION Respondent-Appellee. BEFORE: CLAY, McKEAGUE, and STRANCH, Circuit Judges. CLAY, Circuit Judge. Petitioner, Shaid Juarico-Cervantes, appeals the district court’s denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Juarico-Cervantes pleaded guilty to possession of firearms and ammunition by a person “illegally or unlawfully in the United States” in violation of 18 U.S.C. §§ 924(a)(2) and 922(g)(5)(A). For the reasons set forth below, this Court VACATES the district court’s order denying Petitioner’s § 2255 motion and REMANDS for an evidentiary hearing consistent with this opinion. I. BACKGROUND A. Factual Background Shaid Juarico-Cervantes is a Deferred Action for Childhood Arrivals (“DACA”) recipient. In 2005, at the age of seven, his parents brought him to live in the United States from Mexico. He has resided in Michigan since that time. On January 4, 2018, after his home was shot at in a drive- by shooting, Juarico-Cervantes went to On Target, a firearms dealer in Kalamazoo, Michigan, to buy a Zastava assault rifle. As part of the purchase process, Juarico-Cervantes was required to No. 22-1497, USA v. Juarico-Cervantes complete background check paperwork. He filled out the background check form, providing his name, address, and social security number. Because he wrote his social security number in the section of the form designated for his alien registration number, the background check was delayed. Even though the background check was delayed, Juarico-Cervantes was allowed to purchase and take possession of the firearm, less than a week later, on January 10, 2018. Two days later, On Target received the results of the background check indicating that Juarico-Cervantes was prohibited from purchasing a firearm. On Target notified the Bureau of Alcohol, Tobacco, Firearms, and Explosives that Juarico-Cervantes already possessed the gun. Law enforcement agents visited Juarico-Cervantes’ residence the next month to retrieve the gun he had purchased from On Target. Juarico-Cervantes was cooperative and permitted the agents to enter the home and retrieve the firearm. When the agents found the firearm, they also noticed other guns in plain view. The agents secured a search warrant for the residence and located five other guns, two of which were reported stolen and one which had an obliterated serial number. B. Procedural History In May 2018, Juarico-Cervantes was charged with one count of knowingly making a false written statement to procure a firearm in violation of 18 U.S.C. § 922(a)(6), one count of possessing firearms and ammunition in violation of 18 U.S.C. § 922(g)(5)(A) and § 924(a)(2), and one count of knowingly possessing a firearm with an obliterated serial number in violation of 18 U.S.C. § 922(k). Juarico-Cervantes initially pleaded not guilty to all three counts, but he later pleaded guilty to count two …

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