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If a person is sentenced to 5 years in a federal prison for illegal re-entry then how much time would they actually serve?

Dallas, TX |

My husband was on probation for theft over $1500 in 2002 then in 2004 ICE came and picked him up from our house and he served 9 months in state jail for probation violation then was deported back to Mexico. He has already signed the paper saying he would never return to the U.S. for life. He came back and got in trouble for UPF and is currently on probation for that. Well, recently we got pulled over for speeding and they took him to jail for tickets and now have put an immigration detainer on him. They now transferred him to Haskell, Tx to an immigration detention center. I have a feeling they may give him 5 years in federal prison. Is this possible?

Attorney Answers 5

  1. It depends on certain factors. You can review the 2012 Federal Sentencing Guidelines at

  2. Yes, he can be prosecuted for illegal re-entry. He will serve about 85% of his sentence before he is deported again.

    Cynthia Henley

  3. Criminal defense lawyers typically say that a federal inmate will serve abotu 85 % of his or her sentence. However, the award of good time is discretionary witht he federal bureau of prisons. So, that is not a guaranteed figure. The federal system does not have parole.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

  4. The direct answer is 85% of the five years with credit for pre-sentencing detention, if any. The better way to determine is to consult the defendent's attorney and BOP.

    Of course every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced attorney before acting.

  5. Yes, he could be our security for unlawful reentry. If you were prosecuted for unlawful reentry, he would be sentenced under the United States sentencing guidelines, and there are a number of factors that his attorney, the prosecuting attorney and the judge will look at to determine a "reasonable sentence" in his case. Whatever that number of months maybe, he would be entitled to up to 15% off of his sentence for a good time.

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