Topic
Every decision we've filed under Immigration (Criminal).
The Fifth Circuit affirmed the conviction and supervised release revocation of a defendant challenging a statutory sentencing enhancement for illegal reentry. The court held that the defendant's constitutional argument was foreclosed by existing Supreme Court precedent.
The Fifth Circuit affirmed the conviction and supervised release revocation for illegal reentry. The court held that the defendant's constitutional challenge to the statutory sentencing enhancement was foreclosed by existing Supreme Court precedent.
The Eleventh Circuit affirmed a 24-month federal sentence for illegal reentry ordered to run consecutively to an undischarged state sentence for child sex abuse. The court held that the district court properly weighed the need to punish unrelated conduct and did not abuse its discretion in rejecting the defendant's arguments for a concurrent sentence.
The Fifth Circuit affirmed a 42-month prison sentence for a defendant who brandished a knife while fleeing a Border Patrol agent. The court held that the district court did not clearly err in finding the defendant intended to cause bodily injury, not merely frighten the officer.
The Fourth Circuit affirmed a sentence for illegal reentry, ruling that a district court's brief explanation for imposing supervised release was procedurally reasonable. The court held that the judge's engagement with counsel and consideration of the defendant's recidivism provided sufficient context for an individualized assessment.
The Tenth Circuit affirmed the denial of a duress jury instruction in a prosecution for unlawful reentry, holding that the defendant failed to prove he lacked a reasonable opportunity to escape his abuser. The court ruled that the defendant's evidence did not satisfy the statutory elements required for the defense under 8 U.S.C. § 1326.
The Fifth Circuit affirmed a sentence for illegal reentry after the appellant conceded his legal argument was foreclosed by Supreme Court precedent. The court granted the Government's motion for summary affirmance, rejecting the challenge to the sentence enhancement.
The Fifth Circuit affirmed a twenty-one-month sentence for illegal reentry after reviewing the district court's reasoning. The court found the district court provided sufficient reasons for its within-guidelines sentence choice.
The Eighth Circuit affirmed the sentence imposed on Gerardo Morales-Ramirez for illegal reentry as a felon. The court found no abuse of discretion in the district court's sentencing decision.
The Tenth Circuit affirmed an upward variance sentence for illegal reentry, ruling that a defendant's ambiguous statements during allocution do not constitute a proper objection to presentence report facts under Federal Rule of Criminal Procedure 32. Because the defendant failed to explicitly contest the alleged belligerent conduct, the district court was permitted to rely on those unchallenged facts to justify the sentence.