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Tag Archives: Illegal Reentry

Criminal Law: Illegal Reentry-Simultaneous Prosecution and Removal-Bail Reform Act

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 ...

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Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel

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 ...

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Criminal Law: Illegal Reentry-Downward Departure-Substantive Reasonableness of Sentence

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 ...

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