Topic
Every decision we've filed under Immigration (Criminal).
The Fifth Circuit affirmed a twenty-four-month sentence for illegal reentry, rejecting the defendant's claim that the above-guidelines term was substantively unreasonable. The court held that the district court properly justified the upward variance based on the defendant's criminal history and other statutory factors.
The Sixth Circuit affirmed a one hundred month prison sentence for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by imposing an above-Guidelines sentence based on the defendant's pre-sentencing disciplinary conduct.
The Sixth Circuit affirmed an above-Guidelines sentence of one hundred months for a defendant convicted of illegal re-entry and drug offenses. The court held that the district court did not abuse its discretion by weighing the defendant's pre-sentencing disciplinary conduct heavily in its sentencing decision.
The Fifth Circuit granted a motion to reform a judgment by striking a statutory reference. The court affirmed the sentence after determining that the defendant's constitutional challenge was foreclosed by existing Supreme Court precedent.
The Sixth Circuit affirmed a district court's decision to revoke supervised release and impose an eight-month prison sentence. The court held that the district court properly considered the defendant's breach of trust and the need to promote respect for supervised release conditions without violating Supreme Court precedent.
The Tenth Circuit affirmed a district court's sentence for a defendant who repeatedly illegally reentered the United States while on supervised release. The court held that the defendant failed to rebut the presumption of reasonableness for sentences within the Sentencing Guidelines range.
The Fifth Circuit affirmed a criminal sentence involving illegal reentry and supervised release conditions. The court held that the defendant's challenge to a probation officer's notification authority was foreclosed by existing circuit precedent.
The Eleventh Circuit affirmed a twenty-month prison sentence for illegal reentry following a felony removal. The court held that the district court did not abuse its discretion in weighing sentencing factors or in rejecting the defendant's claimed purpose for reentry.
The Fifth Circuit clarified the proper procedural mechanism for appealing pretrial release orders. The court affirmed the release conditions but vacated the injunction preventing Immigration and Customs Enforcement from taking custody of the defendant.
The Fifth Circuit affirmed the defendant's sentence for illegally reentering the United States after removal. The court granted the Government's motion for summary affirmance because the defendant's constitutional challenge was foreclosed by binding precedent.