Hidey Diaz Illegal Reentry Case – 8 U.S.C. § 1326

Hidey Diaz, a previously deported Honduran national, was arrested and charged with first-degree trespass in Arapahoe County, Colorado. While in state custody, a federal grand jury in the United States District Court for the District of Colorado indicted him for illegal reentry after deportation under 8 U.S.C. § 1326(a).

State vs Federal Prosecution

The federal prosecution was delayed while Mr. Diaz pleaded guilty to the state charge. When the federal case proceeded, his prior state conviction increased the U.S. Sentencing Guidelines range, affecting both the criminal history category and offense level.

Federal Sentencing Outcome

At sentencing, Mr. Diaz requested a variance, arguing the Guidelines would have been lower if the federal prosecution occurred before his state conviction. The court denied the variance and sentenced him to 63 months’ incarceration. The sentence was later affirmed.

Full opinion here: UNITED STATES OF AMERICA v. HIDEY DIAZ

FAQs About Illegal Reentry Cases

1. What is illegal reentry?

Illegal reentry occurs when a non-citizen who has been deported or removed from the United States reenters the country without permission. It is punishable under 8 U.S.C. § 1326.

2. What penalties apply?

Penalties vary depending on prior convictions and the circumstances of reentry. Maximum penalties may range up to 20 years, with higher sentences for aggravated cases or prior felonies.

3. Can a state conviction affect federal sentencing?

Yes. Prior state convictions can increase the U.S. Sentencing Guidelines range, affecting both offense level and criminal history category, as in the Hidey Diaz case.

Contact Anton Vialtsin, Esq.

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