United States v. Genis-Maldonado, No. 10-CR-142, 2010 WL 3125663 (E.D.N.Y. Aug. 4, 2010)
Genis-Maldonado pled guilty to one count of illegal reentry into the United States, for which he faced an advisory Guidelines range of imprisonment of between 57 and 71 months. He was sentenced to time served (approximately 6 months). Why?
The offense of illegal reentry is a serious one, and defendant has repeatedly reentered this country despite being apprehended and deported each time. He has been a hardworking person with strong family ties to his mother in Mexico, to his three children born in the United States, and to their mother, with whom he has been living in the United States as husband and wife. Defendant stated under oath his family's plan to move together to Mexico upon defendant's release and to establish a life together there. He and his partner plan to be married upon their arrival in Mexico. The interests of defendant's three young children, who are all United States citizens, would best be served by being brought up in an intact family with both their mother and their father present.