United States v. Solano-Rosales

Defendant, a Mexican citizen, entered the U.S. in 1992, and, in 1993, married Cruz, a U.S. citizen. Defendant and Cruz have two children, but are divorced. Defendant has been removed three times. He pled guilty to domestic violence on three different occasions. Under Michigan law, his third offense was a felony. His 2001 application to adjust his status on the basis of his marriage was denied. Before his last removal in 2007, Defendant was informed that he was barred from entering the U.S. for 20 years. In 2013, Grand Rapids immigration authorities learned of Defendant’s unlawful presence from a tip line. Defendant was taken into custody and charged under 8 U.S.C. 1326(a) and (b)(1). He pled guilty. The district court applied a four-level enhancement under USSG 2L1.2(b)(1)(D) for a prior felony conviction; determined that an upward variance was warranted; and imposed a custodial sentence of 18 months, citing Defendant’s record of domestic violence and illegal reentries. Defense counsel stated that Defendant had no legal objections to the sentence. Defendant appealed, but due to delays resulting from his attorney’s withdrawal, he completed his term of imprisonment and was removed to Mexico in September, 2014. The Sixth Circuit affirmed the sentence. View "United States v. Solano-Rosales" on Justia Law