Crime of being deported alien found in United States is continuing offense from time of reentry until time defendant is found
SENTENCING United States v. Villarreal-Ortiz, No. 07-3321, ___ F.3d ___ (10th Cir. Jan. 12, 2009)(Kansas). Appeal of conviction and sentence for being deported alien found in United States in violation of 8 U.S.C. § 1326. HELD: Crime of being deported alien found in United States is continuing offense and in case of surreptitious entry, crime is committed when defendant voluntarily reenters country and continues to be committed until defendant is found. Because defendant was continuing to commit offense of being found in United States while he was on probation for state offense, federal district court judge properly increased his criminal history points under U.S.S.G. § 4A1.1(d). Read the opinion here. |
Comments on "Crime of being deported alien found in United States is continuing offense from time of reentry until time defendant is found"