reentry Law
 
USA v. Yonny Corea-Rodriguez

Defendant-Appellant Yonny Alexander Corea-Rodriguez (“CoreaRodriguez”) was charged with illegal reentry following removal. He pled guilty before a magistrate judge, and the district court accepted his plea. In an Amended Presentence Report (PSR), the probation officer recommended that Corea-Rodriguez’s base offense level of 8 be enhanced by 4 levels due to his previous felony conviction of posse... More...   $0 (12-10-2015 - TX)

United States of America v. Eddie Gallegos

Albuquerque, NM - Albuquerque Man Pleads Guilty to Theft of Medical Products and Firearms Charges Arising Out of Armed Robbery of Retail Pharmacy in June 2013

Defendant Prosecuted Under HOPE Initiative which Seeks to Reduce Opioid-Related Deaths in New Mexico

Eddie Gallegos, 39, of Albuquerque, N.M., pleaded guilty in federal court to theft of medical products and firearms charge... More...
   $0 (12-01-2015 - NM)

Alli-Balogun v. United States

It is held that the trial court is not bound by the Sentencing Commission's "special instruction" appended to section 1B1.10 of the Sentencing Guidelines ("guidelines"). See United States Sentencing Guidelines ("U.S.S.G.") § 1B1.10(e). The "special instruction" dictates that, in retroactively applying amendment 782, which reduces offense levels in the drug quantity

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tables ... More...
   $0 (11-30-2015 - NY)

United States of America v. Uriel Alfonson Yanez-Rodriguez

Uriel Alfonso Yanez-Rodriguez, a citizen of Mexico, has been repeatedly
removed from the United States. Each time he reentered and when caught made
damning admissions to immigration authorities. His most recent reentry (2014)
triggered an indictment for illegal reentry of a removed alien in violation of 8
- 2 -
U.S.C. § 1326(a). Abundant evidence about his removal in 2009 and t... More...
   $0 (11-27-2015 - CO)

Cloud v. State Of Wyoming

On August 26, 2009, Appellant Wyatt Bear Cloud and two co-defendants were involved in the armed burglary of a residence in Sheridan, Wyoming. During the course of the burglary, one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud was charged with, and ultimately pleaded guilty to, Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-2... More...   $0 (11-23-2015 - WY)

United States of America v. Darrick Negale

Albuquerque, NM - Navajo Man Pleads Guilty to Failing to Update His Sex Offender Registration

Darrick Negale, 30, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pleaded guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E.... More...
   $0 (11-10-2015 - TX)

United States of America v. Darrick Negale

Albuquerque, NM - Navajo Man Pleads Guilty to Failing to Update His Sex Offender Registration

Darrick Negale, 30, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pleaded guilty in federal court to violating the Sex Offender Registration and Notification Act (SORNA). The guilty plea was announced by U.S. Attorney Damon P. Martinez and U.S. Marshal Conrad E. Cande... More...
   $0 (11-10-2015 - NM)

United States of America v. Anthony Calderon

Las Cruces, NM - Defendant Prosecuted as Part of HOPE Initiative which Seeks to Reduce the Number of Opioid-Related Deaths in New Mexico

Anthony Calderon, 41, of Las Cruces, N.M., was sentenced in Las Cruces to 24 months in prison followed by three years of supervised release for his heroin and methamphetamine trafficking convictions.

Calderon was arrested on Aug. 8, 2014, in La... More...
   $0 (10-21-2015 - NM)

United States of America v. Carlos Alberto Rivera-Melendez

New Orleans, LA - Honduran National Pleads Guilty to Illegally Reentry

Carlos Alberto Rivera-Melendez, age 39, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.

According to the Indictment, on or about August 10, 2015, RIVERA-MELENDEZ was found in the United States after having been officially deported and removed on... More...
   $0 (10-08-2015 - LA)

United States of America v. James Barela

Santa Fe, NM - Man Sentenced to Federal Prison for Unlawfully Trafficking “Suboxone”

Defendant Prosecuted as Part of HOPE Initiative which Seeks to Reduce the Number of Opioid-Related Deaths in New Mexico

James Barela, 41, of Santa Fe, N.M., was sentenced in federal court in Albuquerque, N.M., to a year and a day in prison followed by three years of supervised release for partic... More...
   $0 (10-08-2015 - NM)

United States of America v. Michael Asa Boyd

Albuquerque, NM - Albuquerque Man Sentenced to Federal Prison for Trafficking Methamphetamine in Lea County

Defendant also Acknowledged Possession of Significant Amount of Heroin; Defendant Prosecuted as Part of HOPE Initiative which Seeks to Reduce the Number of Opioid-Related Deaths in New Mexico

Michael Asa Boyd, 40, of Albuquerque, N.M., was sentenced in federal court in Las ... More...
   $0 (10-07-2015 - NM)

United States of America v. Lamar Nelson

Rochester, NY - Self Proclaimed “Gingerbread Man” Caught; Pleads Guilty To Escape From Federal Halfway House

Lamar Nelson, 27, of Rochester, NY, pleaded guilty to escape before U.S. District Court Judge David G. Larimer. The charge carries a maximum sentence of five years in prison, a fine of up to $250,000, or both.

Assistant U.S. Attorney Craig R. Gestring, who is handling the... More...
   $0 (09-28-2015 - NY)

United States of America v. Josephine Duran

Albuquerque, NM - Albuquerque Woman Pleads Guilty to Prescription Drug Trafficking and Theft Charges Arising Out of Armed Robbery of Retail Pharmacy in January 2015

Defendant Prosecuted Under HOPE Initiative which Seeks to Reduce Opioid-Related Deaths in New Mexico

Josephine Duran, 23, of Albuquerque, N.M., pleaded guilty this morning in federal court to prescription drug traffic... More...
   $0 (09-24-2015 - NM)

United States of America v. Gerardo Preciado-Delacruz

Gerardo Preciado-Delacruz appeals his sentence for possession with intent to distribute marihuana. First, he complains that the district court vio-lated his Fifth Amendment right against self-incrimination by denying him a downward adjustment for acceptance of responsibility after he refused to speak openly about relevant conduct. Second, he claims that the above-guidelines sentence was substantiv... More...   $0 (09-15-2015 - TX)

Salmon v. Blesser

The following facts are drawn from Salmon’s complaint and are presumed 
to be true for purposes of this appeal.  See Diaz v. Paterson, 547 F.3d 88, 91 (2d 
Cir. 2008). 
On September 1, 2010, Salmon accompanied his attorney to the Albany 
City Court to examine a court file.  Because only lawyers were permitted into the 
clerk’s office where the file was kept, Salmon waited in a ... More...
   $0 (09-13-2015 - NY)

Oliver Salmon v. Thomas Blesser

Plaintiff Oliver Salmon sued the City of Albany, the Albany Police
Department, Police Officer Thomas Blesser, and two “John Doe” employees of
the Police Department under 42 U.S.C. § 1983 and New York State law for
alleged constitutional and tort injuries resulting from the use of physical force to
eject him from the Albany City Court. Salmon now appeals from a judgment
entered ... More...
   $0 (09-10-2015 - NY)

United States of America v. Jorge Avila Alberto Navarro

In this appeal, we examine the scope of the United States
Sentencing Commission’s (the “Commission”) authority to
limit the retroactive effect of its amendments to its
Sentencing Guidelines. We hold that a district court cannot
apply a retroactive amendment to reduce an already imposed
sentence prior to that amendment’s effective date. We also
hold that the Commission’s det... More...
   $0 (09-04-2015 - CA)

United States v. Soto-Robledo

Mr. Alejandro Soto-Robledo was convicted of illegal reentry into the
United States and sentenced to 57 months in prison, which represented the bottom
of the guideline range. Mr. Soto-Robledo appeals this sentence on the ground that
it is substantively unreasonable. We disagree and affirm.
* The parties have not requested oral argument, and the Court concludes that oral argument wou... More...
   $0 (08-31-2015 - NM)

United States of America v. Darmarvis Marquel Lee

Albuquerque, NM - California Man Sentenced for Heroin Trafficking Charge in New Mexico

Darmarvis Marquel Lee, 30, of San Bernardino, Calif., was sentenced in federal court in Albuquerque, N.M., to 27 months in prison followed by two years of supervised release for his heroin trafficking conviction.

Lee was arrested on Aug. 22, 2014, at the Amtrak Train Station in Albuquerque afte... More...
   $0 (08-27-2015 - NM)

United States of America v. Eric Eugene Hartwell

Denver, CO - Denver Resident Found Guilty of Escape and Failure to Register as a Sex Offender

Eric Eugene Hartwell, age 52, of Denver, Colorado, was found guilty yesterday of escape and failure to register as a sex offender following a four-day jury trial before U.S. District Court Judge Philip A. Brimmer, the U.S. Attorney’s Office and the U.S. Marshal’s Service announced. The jury deli... More...
   $0 (08-19-2015 - CO)

United States of America v. Kevin Garcia Fuertes, a/k/a Kerlin Esquivel-Fuentest, a/k/a Flaco and German De Jesus Ventura, a/k/a Chino, a/k/a Chalo, a/k/a Pancho, a/k/a Chaco, a/k/a Oscar

These appeals arise from the prosecution of two members of an enterprise engaged in interstate prostitution. Following a two-week trial, a jury convicted Appellants Kevin Garcia Fuertes (“Fuertes”) and German de Jesus Ventura (“Ventura”) of conspiracy to commit, and commission of, a number of sex trafficking and related offenses. On appeal, Fuertes and Ventura make four assertions of error, two in... More...   $0 (08-18-2015 - MD)

United States of America v. Rosario Aurelio Montoya-Gaziola

Defendant-Appellant Rosario Montoya-Gaxiola
(“Rosario”) appeals the district court’s judgment of
conviction and sentence for, inter alia, violating the National
Firearms Act (“the Act”), 26 U.S.C. §§ 5801–5872, arguing
that the court failed to instruct the jury on the mens rea
element of the charge. We agree. Ninth Circuit Model
Criminal Jury Instruction 9.34, if strictly f... More...
   $0 (08-10-2015 - AZ)

United States of America v. Carlos Ramirez-Vasquez

New Orleans, LA - Mexican National Sentenced for Illegal Reentry

Carlos Ramirez-Vasquez, age 38, a citizen of Mexico, was sentenced after previously pleading guilty to a one-count Indictment for illegal reentry of a removed alien.

U.S. District Judge Carl J. Barbier sentenced CARLOS RAMIREZ-VASQUEZ to time served, and a $100 special assessment. RAMIREZ-VASQUEZ will be surrendere... More...
   $0 (08-09-2015 - )

United States of America v. Pedro Reyes-Moreno

Sioux Falls, SD - Man from Mexico Sentenced for Illegal Reentry After Deportation

A Mexican Citizen convicted of Illegal Reentry After Deportation was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.

Pedro Reyes-Moreno, age 28, was sentenced to time served of 203 days, and a special assessment of $100 to the Federal Crime Victims Fund.

Reyes-Moreno wa... More...
   $0 (08-04-2015 - SD)

United States of America v. Ubaldo Esparza-Ortiz

TULSA, OK - Illegal Alien Sentenced to Nearly Four Years in Prison

United States District Court Chief Judge Gregory K. Frizzell sentenced Ubaldo Esparza-Ortiz, 28, to 45 months in prison for illegal reentry into the United States. Chief Judge Frizzell also imposed three years of supervised release following Esparza-Ortiz’s prison sentence.

On January 15, 2015, United States Immig... More...
   $0 (08-04-2015 - OK)

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