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Seond Circuit discusses (and defends) illegal reentry guideline

By Douglas A. Berman

The Second Circuit has interesting little federal sentencing opinion today in US v. Perez-Frias, No. 10-1401 (2d Cir. March 31, 2011) (available here), which engages and largely rejects a number of broadside attacks on the illegal reetry guideline. Here is how the opinion starts and a key passage: Defendant Pedro Ruben Perez-Frias (?Perez-Frias?) pleaded guilty to one count of illegally reentering the United States without permission after having been deported following a conviction for the commission of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2).  The United States District Court for the Southern District of New York (Chin, J.) sentenced Perez-Frias principally to 42 months? imprisonment. Perez-Frias challenges only the substantive reasonableness of his sentence, arguing [1] that the district court?s sentence was unduly harsh in view of the 18 U...continue to full post

Full post as published by Sentencing Law and Policy on March 31, 2011 (boomark / email).