Block on Trump's Asylum Ban Upheld by Supreme Court
Illegal Reentry Sentence Vacated
In US v. Rivera-Gomez, No. 08-10480, the court vacated defendant's illegal reentry sentence, holding that the district court erred in determining that defendant's state resisting-arrest conviction could not be "relevant conduct" under U.S.S.G. section 1B1.3(a)(1)(A) as a matter of law, even if defendant intended to "avoid detection or responsibility" for his reentry offense.
As the court wrote: "In calculating the defendant's sentencing range under the U.S. Sentencing Guidelines, the district court counted the defendant's prior state resisting arrest conviction as part of his criminal history, see § 4A1.1, rather than as part of the offense level for his crime of conviction, see § 2L1.2."
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: