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

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#1
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.
 


Stevef

Senior Member
#3
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.
 
#4
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.
 

Stevef

Senior Member
#5
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.
 
#9
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?
 
#11
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.
 
#12
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.
 
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