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Home / Opinion Digests / Immigration – Illegal Reentry – Resentencing – Procedural Error (access required)

Immigration – Illegal Reentry – Resentencing – Procedural Error (access required)

The 4th Circuit vacates an alien’s 37-month sentence for illegal reentry into the U.S. after removal, in contravention of the Immigration and Nationality Act, 8 U.S.C. § 1326, as the district court erred in the wake of Lopez v. Gonzales, 127 S.Ct. 625 (2006), by enhancing defendant’s sentence for having previously been removed subsequent to ...