Topic
Every decision we've filed under Immigration (Criminal).
The Fifth Circuit affirmed a sentence for illegal reentry, rejecting the defendant's claim that a written supervised release condition conflicted with the court's oral pronouncement. The court held that the discrepancy was a mere ambiguity rather than a conflict, as the condition aligned with the district court's intent and the parties' understanding regarding deportation.
The Fifth Circuit affirmed a conviction for illegal reentry under Section eight thousand three hundred twenty-six. The court rejected a constitutional challenge to the recidivism enhancement, noting the argument is foreclosed by Supreme Court precedent.
The Fifth Circuit summarily affirmed a conviction and sentence for illegal reentry, rejecting a constitutional challenge to a statutory sentencing enhancement. The court held that the defendant's argument was foreclosed by Supreme Court precedent in Almendarez-Torres v. United States.
The Fifth Circuit affirmed Julio Cesar Luna's convictions for transporting illegal aliens, ruling the district court acted within its discretion to dismiss a biased juror. The court also vacated an amended judgment entered by the district court while the appeal was pending, finding the lower court lacked jurisdiction to alter the record during that time.
The Fifth Circuit affirmed a criminal sentence, holding that a district court satisfies notice requirements for supervised-release conditions by orally adopting them from the Presentence Investigation Report. The court further found that the record contained ample evidence that defense counsel had reviewed the report with the defendant, even without a specific on-the-record inquiry to the defendant.
The Ninth Circuit affirmed a sentence for illegal reentry, rejecting the argument that concurrent sentencing for a prior false-statement conviction precludes applying an eight-level sentencing enhancement. The panel held that the text of the Sentencing Guidelines requires using the actual sentence length imposed for the prior non-reentry offense, regardless of how grouping rules affected the original sentence.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal regarding a sentence for illegal reentry. The court found the case moot because the defendant was released from prison while the appeal was pending.
The Fifth Circuit affirmed the denial of a writ of coram nobis and an expunction petition filed by a convicted immigrant. The court held that the petitioner failed to exercise reasonable diligence in seeking relief after a six-year delay.
The United States Court of Appeals for the Fifth Circuit affirmed a conviction for illegal reentry after the appellant conceded that his constitutional challenge was foreclosed by Supreme Court precedent. The court granted the government's motion for summary affirmance, noting that the argument regarding the statutory sentencing enhancement was already settled by Almendarez-Torres.
The Fifth Circuit affirmed Asha Kisindja's conviction for conspiring to transport illegal aliens resulting in death, applying a plain error standard due to her failure to object in the district court. The court held that the record demonstrated she understood the nature of the charge and that a sufficient factual basis existed for her guilty plea under Federal Rule of Criminal Procedure 11.