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Keywords

defendantdiscoverypleadeportationsentencing guidelines
defendantsentencing guidelines

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Reyes-Ceja; U.S. v.

Facts

Gustavo Reyes-Ceja, an alien, had a history of entering the United States illegally, committing crimes, and being deported. He was imprisoned for a grand theft conviction when the Bureau of Immigration and Customs Enforcement (ICE) discovered he was in the U.S. again. Reyes-Ceja pleaded guilty to being 'found in' the U.S. after his deportation, and his criminal history score was increased due to the circumstances of his discovery by ICE while he was still serving his state sentence.

Gustavo Reyes-Ceja, an alien, has repeatedly entered the United States, committed crimes, been deported, and surreptitiously entered again.

Issue

Whether the enhancement under U.S.S.G. 4A1.1(d) for being under a criminal justice sentence applies when a deportee is found in the U.S. while imprisoned.

The only issue was whether the Bureau of Immigration and Customs Enforcement (ICE) finding defendant in penal custody sufficed for the U.S. Sentencing Guidelines Manual 4A1.1(d) enhancement to criminal history.

Rule

The Sentencing Guidelines enhancement for being under a criminal justice sentence may be applied to a deportee 'found in' the U.S. while imprisoned, as the 'found-in' violation is a continuing offense until the date the alien is discovered by immigration authorities.

The panel joined the Fifth, Tenth, and Eleventh Circuits and held that the Sentencing Guidelines enhancement for being under a criminal justice sentence, U.S.S.G. 4A1.1(d), may be applied to a deportee 'found in' the United States in violation of 8 U.S.C. 1326 while he was imprisoned.

Analysis

The court analyzed whether Reyes-Ceja's situation met the criteria for the enhancement. It concluded that the 'found-in' offense is ongoing until the defendant is discovered by immigration authorities, and thus, Reyes-Ceja's criminal history score was appropriately increased because he was found in the U.S. while still serving his state sentence.

Reyes-Ceja argues that for sentencing purposes his 'found in' offense should be treated as having ended when he was discovered by California authorities.

Conclusion

The Ninth Circuit affirmed the district court's judgment, upholding the two-point enhancement to Reyes-Ceja's criminal history score.

The judgment was affirmed.

Who won?

The United States prevailed in the case, as the court upheld the sentencing enhancement based on the interpretation of the 'found-in' offense as a continuing violation.

The United States prevailed in the case, as the court upheld the sentencing enhancement based on the interpretation of the 'found-in' offense as a continuing violation.

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