Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 10-20-2021
Case Style:
Case Number: 0:21-cr-00061-ABJ
Judge: Alan B. Johnson
Court: United States District Court for the District of Wyoming (Laramie County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Cheyenne, WY: Criminal defense lawyer represented defendant charged with illegal re-entry of previously deported alien.
Luis Salguero-Nolasco, 33, of Brooklyn Center, Minnesota on October 15, 2021 for illegal re-entry of previously deported alien into the Unites States. He received 12 months and one day of imprisonment and ordered to pay a $100.00 special assessment. Salguero-Nolasco was arrested by Campbell County Sheriff’s Office on April 26, 2021, for no driver’s license and possession of a controlled substance. On April 27, 2021, he told a Homeland Security Investigations agent that he was an illegal alien and a former member of the violent street gang MS-13. On May 15, 2021, the agent filed a Complaint in federal court against Salguero-Nolasco for illegal re-entry of previously deported alien into the United States. The grand jury later returned an indictment re-alleging that charge. The United States Homeland Security Investigations investigated this case.
8 U.S.C. 1326(b)(2) Illegal Reentry of Previously Deported Alien
(b) Criminal penalties for reentry of certain removed aliens
Notwithstanding subsection (a), in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.1 or
(4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.
Outcome: Defendant was sentenced to 12 months and 1 day imprisonment, with no term of supervised release to follow; $100 special assessment, remitted upon deportation
Plaintiff's Experts:
Defendant's Experts:
Comments: