Illegal Re-Entry

Client convicted of Drug Conspiracy and sentenced to 20 months in prison. Later, deported by ICE to Mexico. Returned without permission to U.S. and is arrested for illegal re-entry which occurred while still on supervised release (federal parole.) Sentencing guidelines recommend a sentence of 46-57 months, which Government requests. Arguments made: 1) guidelines are too high and have no empirical basis, 2) client's criminal history is overstated, and 3) cultural assimilation. Received sentence below guidance: 40 months in prison with recommendation of RDAP (drug treatment program which can reduce sentence by to one year.)