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Keywords

attorneyappealfelonynaturalizationappellantsentencing guidelines
attorneyappealfelonynaturalizationappellantsentencing guidelines

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Estrada-Quijas; U.S. v.

Facts

On November 5, 1997, Immigration and Naturalization Service (INS) agents discovered appellant during a raid on a restaurant in Omaha, NE, where appellant was employed. Appellant admitted to the agents that he had entered the United States illegally after having been deported, and the agents took him into custody. Appellant had previously been deported from the United States in February 1991 after serving a 16-month term of imprisonment for a 1987 California conviction for corporal injury on a spouse. Appellant admits that on February 21, 1991, approximately two weeks after being deported, he reentered the United States without the permission of the Attorney General.

On November 5, 1997, Immigration and Naturalization Service (INS) agents discovered appellant during a raid on a restaurant in Omaha, NE, where appellant was employed. Appellant admitted to the agents that he had entered the United States illegally after having been deported, and the agents took him into custody. Appellant had previously been deported from the United States in February 1991 after serving a 16-month term of imprisonment for a 1987 California conviction for corporal injury on a spouse. Appellant admits that on February 21, 1991, approximately two weeks after being deported, he reentered the United States without the permission of the Attorney General.

Issue

Whether the district court erred in applying a 16-level offense level increase for having a prior conviction for an 'aggravated felony' when that conviction was not considered an 'aggravated felony' at the time of appellant's reentry.

Whether the district court erred in applying a 16-level offense level increase for having a prior conviction for an 'aggravated felony' when that conviction was not considered an 'aggravated felony' at the time of appellant's reentry.

Rule

The crime of reentry under 1326 is an ongoing offense that continues until an individual is discovered by authorities.

The crime of reentry under 1326 is an ongoing offense that continues until an individual is discovered by authorities.

Analysis

The court applied the rule by determining that the offense of illegal reentry is ongoing and does not conclude until the individual is found by immigration authorities. The court reasoned that since appellant was discovered in 1997, the sentencing guidelines in effect at that time were applicable, and thus the 16-level increase for the aggravated felony conviction was valid.

The court applied the rule by determining that the offense of illegal reentry is ongoing and does not conclude until the individual is found by immigration authorities.

Conclusion

The appeals court affirmed the conviction and sentence, holding that the district court did not violate the ex post facto clause by applying the sentencing guidelines that were in effect in 1997.

The appeals court affirmed the conviction and sentence, holding that the district court did not violate the ex post facto clause by applying the sentencing guidelines that were in effect in 1997.

Who won?

The United States prevailed in the case because the court upheld the application of the sentencing guidelines that included the 16-level increase for the aggravated felony conviction.

The United States prevailed in the case because the court upheld the application of the sentencing guidelines that included the 16-level increase for the aggravated felony conviction.

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