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Defendant "Found" By ICE Detainer After State Arrest

By Jonathan Byrne

US v. Sosa-Carabantes: Sosa-Carabantes was arrested on state charges in North Carolina after illegally reentering the United States. While in state custody, ICE placed a detainer on him via a local officer who had been certified to screen state arrestees for immigration violations. Sosa-Carabantes eventually was convicted and sentenced on the state charge. He was then indicted for illegal reentry in federal court, to which he pleaded guilty. At sentencing, the parties disagreed on whether Sosa-Carabantes's state conviction should figure in the calculation of his criminal history score under the Guidelines. Sosa-Carabantes argued that because he was "found" by ICE prior to the state sentence being imposed, it should not be counted. The district court disagreed and sentenced Sosa-Carabantes to 46 months in prison...continue to full post

Full post as published by Fourth Circuit Blog on April 02, 2009 (boomark / email).