United States of America v. Jesus Salas-Saucedo

Las Cruces, New Mexico criminal defense lawyer represented the Defendant charged with unlawful re-entry.





In March 2024, U.S. Border Patrol agents found Mr. Salas-Saucedo hiding in

the desert near Santa Teresa, New Mexico. He admitted to being a Mexican citizen

and having no legal authorization to enter or remain in the United States. He had

been previously deported in 2008 after serving a six-year sentence for aggravated

sexual assault on a child. He entered a plea of guilty to one count of unlawful re-

entry in violation of 8 U.S.C. § 1326. Given Mr. Salas-Saucedo's prior conviction,

the maximum prison sentence for such a violation is 20 years. § 1326(a) & (b)(2).



Prior to the sentencing hearing, the district court notified the parties it was

contemplating an upward variance. The government requested a 13-month sentence

based on the seriousness of the sexual assault conviction, while Mr. Salas-Saucedo

argued for a sentence of time served.



The court also considered the § 3553(a) factors, several of which centered on

Mr. Salas-Saucedo's sexual assault conviction. For example, concerning the need to

afford adequate deterrence and protect the public, the court noted that

Mr. Salas-Saucedo's six-year sentence and lifetime registration as a sex offender

were evidently inadequate to deter him from illegally returning to the United States.

In imposing the 14-month sentence, the judge stated: "To be clear, I'm only

considering [the sexual assault conviction] in [the context of] the [18 U.S.C. §]

3553(a) factors. I'm not resentencing for anything that may have happened in that

case.” R. vol. 3 at 13

Defendant was sentenced to 14 months i prison.