United States v. Blake, No. 10-CR-206, 2010 WL 3037511 (E.D.N.Y. July 21, 2010)
Blake pled guilty to attempted illegal reentry into the United States, for which he faced an advisory Guidelines range of imprisonment of between 41 and 51 months. He was sentenced to a 5 months in prison. Why?
On February 10, 2010, defendant's mother passed away in the United States. Defendant's sister, also living in the United States, contacted both the United States Attorney General's Office and United States Customs and Border Protection, and was apparently told that defendant would be allowed to reenter the United States to attend his mother's funeral. Defendant returned to the United States on February 19, 2010 and was detained by Immigration and Customs Enforcement (ICE) at John F. Kennedy International Airport. Since his deportation in 2001, the defendant has led a law-abiding life and worked in the construction industry. His family in Jamaica, including a young daughter who suffers from severe asthma, depends on him for financial support.