U.S. v. ALVAREZ-QUINTERO

Cr. No. 91-114 P.

788 F.Supp. 132 (1992)

UNITED STATES of America v. Walter Gustavo ALVAREZ-QUINTERO.

United States District Court, D. Rhode Island.

April 6, 1992.


Attorney(s) appearing for the Case

Edwin Gale, Asst. U.S. Atty., Providence, R.I., for U.S.

Van L. Hayhow, Lincoln, R.I., for 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 deportable 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...

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