Court says prior sex offense can weigh in illegal alien sentencing

Cronkite NewsHere Come da Judge
A divided federal appeals court panel Wednesday upheld the 51-month sentence for a Mexican man charged with illegal re-entry to the country, saying his 2000 conviction for having sex with a 14-year-old girl could be counted against him. — Isaias Gonzalez-Aparicio, 38, had twice been deported when he pleaded guilty in 2009 to attempted illegal re-entry, a charge that would typically bring a sentence of two to eight months. — But a sentencing report recommended a term of 51 to 63 months, citing the earlier “crime of violence.” A U.S. district judge sentenced him to 51 months. — Gonzalez-Aparicio appealed, claiming his conviction for “sexual conduct with a minor” under Arizona law should not be categorized as statutory rape — a crime of violence — and that his sentence should have been much shorter… Read More

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