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Reentry After Deportation is a Continuing Offense

By Shari Allison

US v. Villarreal-Ortiz, -- F.3d --, 2009 WL 57491 (10th Cir. 1/12/09) - after having been deported, Mr. Villarreal-Ortiz re-entered and was arrested on drug charges. He admitted being in the US w/o inspection. After he got probation on the drug charge, an immigration agent determined his true name and status as a prior deportee. COA holds that when Mr. Villarreal-Ortiz was sentenced for being a deported alien "found" in the US, he properly received an increase in criminal history points under USSG § 4A1.1(d) for committing his offense while on probation for another crime. He was still committing his offense of being "found" in the US after he was placed on probation. The crime of being "found" in the US is a continuing offense that continues after the defendant's re-entry to the US until the gov't knows or could have know the defendant's prior deportee status, his illegal presence in the US, and his whereabouts.continue to full post

Full post as published by Tenth Circuit Blog on January 13, 2009 (boomark / email).