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Date: 03-14-1998
Case Style:
Case Number: 96-6839
Judge: Not Available
Court: United States Circuit Court of Appeals in New Orleans
Plaintiff's Attorney: United States District Attorney's Office in Houston
Defendant's Attorney:
Description: Dallas, Texas criminal defense lawyer represented the Defendant charged with illegal reentry.
Title 8 U. S. C. § 1326(a) makes it a crime for a deported alien to return to the United States without special permission and authorizes a maximum prison term of two years. In 1988, Congress added subsection (b)(2), which authorizes a maximum prison term of 20 years for "any alien described" in subsection (a), if the initial "deportation was subsequent to a conviction for commission of an aggravated felony." Petitioner pleaded guilty to violating § 1326, admitting that he had been deported, that he had unlawfully returned, and that the earlier deportation had taken place pursuant to three convictions for aggravated felonies. The District Court sentenced him under the applicable Sentencing Guideline range to 85 months' imprisonment, rejecting his argument that, since his indictment failed to mention his aggravated felony convictions, the court could not sentence him to more than the maximum imprisonment authorized by § 1326(a). The Fifth Circuit also rejected his argument, holding that subsection (b)(2) is a penalty provision which simply permits the imposition of a higher sentence when the unlawfully returning alien also has a record of prior convictions.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: