Date: 07-03-2024

Case Style:

United States of America v. Oscar Olalde-Garcia

Case Number: 4:24-cr-00042

Judge: Mark Pittman

Court: United States District Court for the Northern District of Texas (Tarrant County)

Plaintiff's Attorney: United States District Attorney’s Office in Fort Worth

Defendant's Attorney:

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Description:

Fort Worth, Texas criminal defense lawyer represented the Defendant charged with illegal reentry after deportation by an alien.

8 U.S.C. 1326 provides:

Subject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.

Outcome: Pursuant to the Sentencing Reform Act of 1984, as amended, it is the judgment of the Court that the defendant, OSCAR OLALDE-GARCIA, is hereby committed to the custody of the Federal Bureau of Prisons for a period of FORTY-SIX (46) months. The Court does not order a fine because the defendant does not have the financial resources or future earning capacity to pay a fine. It is further ordered that the defendant pay a special assessment of $100. It is ordered that upon release from imprisonment the defendant shall be placed on supervised release for a term of THREE (3) years. As a condition of supervised release, upon the completion of the sentence of imprisonment, the defendant shall be surrendered to a duly-authorized immigration official for deportation in accordance with the established procedures provided by the Immigration and Nationality Act, 8 U.S.C. 1101 et seq. As a further condition of supervised release, if ordered deported or removed, the defendant shall remain outside the United States. The defendant is remanded to the custody of the US Marshal.

Plaintiff's Experts:

Defendant's Experts:

Comments: