United States v. Alvarez-Quintero

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

The sentencing of defendant Alvarez-Quintero raises two significant legal questions: is the offense of reentry as a deport-able alien a “continuing offense,” and is there an ex post facto issue raised by sentencing under a Sentencing Guideline that was amended after the defendant entered the United States? The statute at issue, 8 U.S.C. § 1326, makes it an offense to “enter,” “attempt to enter,” or be “found in” the United States after deportation subsequent to an aggravated felony. The government indicted the defendant for the offense of…