Illegal Reentry after a prior deportation for an aggravated felony. How much prison time?

[Manuel Santurio]

Hello, this is an immigration question:
My son was deported from the US on 2012 after serving a 7 year sentence for residential burglary charges and receiving stolen property. He has a daughter back in the US so he entered the US and was arrested by immigration about a week ago. I think that for what I have read he will be charged with illegal reentry after being deported once for aggravated felony charges. He is prepared to do some time, but I am an old man afraid and I do not have much time left. How much time will he be getting, how is this sentencing calculated (I rode that they use some point system)?
Thanks.

 

[t74]

https://www.justice.gov/usam/criminal-resource-manual-1912-8-usc-1326-reentry-after-deportation-removal


Get him an attorney; expect it to be expensive. The fact YOU are old make no difference in his sentence.

 

[Mass_Shyster]

Based on a A free U.S. Federal Sentencing Guidelines calculator I found using google, I would guess he'll get 18 to 24 months. I had to guess at most of the options.

 

[Manuel Santurio]

Thank you to both of you.

Based on a A free U.S. Federal Sentencing Guidelines calculator I found using google, I would guess he'll get 18 to 24 months. I had to guess at most of the options.

To access the free U.S. Federal Sentencing Guidelines calculator that you mention, you need to be a lawyer or I could do it myself? If I can do it my self, please send me the link, t would be much appreciated. If not, how could I do to get it precisely?
Thank you in advance.

 

[Mass_Shyster]

Thank you to both of you.

To access the free U.S. Federal Sentencing Guidelines calculator that you mention, you need to be a lawyer or I could do it myself? If I can do it my self, please send me the link, t would be much appreciated. If not, how could I do to get it precisely?
Thank you in advance.

I just googled "A free U.S. Federal Sentencing Guidelines calculator" and chose the first response.

 

[Manuel Santurio]

Thank you so much!! I have accessed one and well, it will take me some time to response correctly to all the questions. I am doing it now.
Thank you!!

 

[Ohiogal]

If ICE arrested him and wants to deport him, he may not get access to an attorney.

 

[Mass_Shyster]

If ICE arrested him and wants to deport him, he may not get access to an attorney.

There's no doubt he'll be deported, and is not entitled to an attorney for the removal proceedings. OP was asking about criminal charges for re-entry. Most aliens charged with re-entry get court appointed lawyers.

 

[Manuel Santurio]

Well, this is what I got:
Months:
46-57
Zone:
D
Level:
22
History:
II
Fine:
$7,500 to $75,000
Count 1: 8 U.S.C. § 1326
2L1.2(a)Base Offense Level82L1.2(b)(1)(A)Drug, violent, firearms, child pornography, national security, human trafficking, or alien smuggling offense+16
Acceptance of Responsibility (U.S.S.G. § 3E1.1)
§ 3E1.1(a)the defendant clearly demonstrates acceptance of responsibility for his offense-2
---------------------------------------------------------------------------------------------------------

Do they sentence as per calculation or not fighting the case gives some leverage?

 

[xylene]

Well, this is what I got:
Months:
46-57

Similar cases make this seem very likely. You should expect a 5 year term with some months maybe a a year off of it. I'm sorry this isn't great news. Private prisons need fodder and that the word of the day from dear leader.

 

[Manuel Santurio]

Yes, that sounds correct. Well is life and no matter what we have to look at things with the best eyes as possible.
I wish every one that has contributed to this thread the best. Thank you so much for your contribution and for helping me on these difficult moments.
I hope this thread can give some light to others as well.

 

[Ohiogal]

There's no doubt he'll be deported, and is not entitled to an attorney for the removal proceedings. OP was asking about criminal charges for re-entry. Most aliens charged with re-entry get court appointed lawyers.

Only if ICE lets them go through that. I know people who work Federal Defense and they don't always get counsel nor do they get it quickly even if facing charges on a state level.