The government charged defendant with illegal reentry and simultaneously prosecuted and removed him. Defendant moved to dismiss his indictment, arguing that his simultaneous prosecution and removal violated the Bail Reform Act and his constitutional rights. The district court denied the ...

Tagged with: Bail Reform Act Illegal Reentry Simultaneous Prosecution and Removal

Where a defendant appealed after pleading guilty to illegal reentry into the country, the district court imposed a substantively reasonable sentence below the guidelines range, and there was no indication that the court overlooked a relevant factor or gave significant ...

Tagged with: Illegal Reentry sentencing

Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable. Where clams of ineffective assistance of counsel ...

Tagged with: Below-Guidelines Sentence Illegal Reentry ineffective assistance of counsel

Defendant pleaded guilty to illegally reentering the country. Defendant faced a guidelines range of 46-57 months of incarceration. The district court declined to lower defendant’s criminal history score but granted a downward departure of three levels because applicable enhancements overstated ...

Tagged with: Downward Departure Illegal Reentry Substantive Reasonableness of Sentence

U.S. v. Ortega-Montalvo (MLW No. 70274/Case No. 16-1899 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Tagged with: Consent To Search Criminal Law Illegal Reentry Voluntariness

U.S. v. Hernandez-Pineda (MLW No. 70246/Case No. 16-1004 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Tagged with: Criminal Law Illegal Reentry sentencing

U.S. v. Torres-Ojeda (MLW No. 69458/Case No. 15-3441 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Tagged with: Adequate Explanation Criminal Law Illegal Reentry sentencing

U.S. v. Tamayo-Baez (MLW No. 69028/Case No. 15-2063 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)

Tagged with: Criminal Law Illegal Reentry Reasonable Suspicion traffic stop

U.S. v. Santos-Pulido (MLW No. 68883/Case No. 15-1664 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Tagged with: Criminal Law hearing Illegal Reentry

U.S. v. Abrica-Sanchez (MLW No. 68558/Case No. 15-1607 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Criminal Law Illegal Reentry Prior Conviction sentencing

U.S. v. Figueroa-Alvarez (MLW No. 68157/Case No. 14-2557 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Criminal Law Illegal Reentry sentencing