Notice to new members intending to register - from January 9th 2012

My29 · #1 07-31-2012, 08:37 AM

My hubby was sentenced to state prison to 36 to 6 years with time serve and rrri eligible ..if everything is completed he will do about 19 months .. the feds indicted him and charged him with illegal re-entry he is know waiting to be sentenced ..what are the chances he will be able to do the time concurrent and not consecutive??? hes in state on a drug charge and in the feds for illegal reentry. has any one been in this situation if so what happen???

negretelove · #2 07-31-2012, 08:57 AM

from my understanding they will not run a re-entry sentence concurrent with a state sentence.

My29 · #3 07-31-2012, 09:09 AM

ugh soo sadddd :'(

negretelove · #4 07-31-2012, 09:19 AM

yes it is sad

from my understanding and things may have changed but because re-entry is out of Immigration Court not just federal they do not do any type of concurrent sentencing with state. ICE/Homeland Security has contracts with private prisons/detention centers to keep them filled to 90% at all times this is all for profit so they are not letting many slip through the cracks

CenTexLyn · #5 07-31-2012, 08:30 PM

Where there are State and federal charges, the reason people tend to suggest disposing of federal charges first is that the feds almost ALWAYS stack on the State sentence. The State tends not to give a damn and has no qualms with their time running concurrent.

In this case, with the feds getting the second bite at the sentencing apple, expect a stacked sentence...

cocoluv · #6 07-31-2012, 08:39 PM

My man just went through this, he had His federal trial first, for illegal re-entry, and then he had a state charge(VOP) and The judge ran The state time concurrent with The Fed time(to be served in fed prison). Last time he had 13 state yrs and 7 fed yrs and they ran it concurrent (in a state prison). From what i understand its soley up to how The judge feels

~missing my man~

negretelove · #7 08-01-2012, 10:47 AM

That is interesting because most do not get their re-entry charges (see an immigration judge) until after they have completed their state sentence...or at least that is how it is in Cali.

I guess for those lucky ones that get to see the immigration judge before or during their state sentence it can work out. Is there any paper work that needs to be done to request concurrent or request to see the immigration judge faster?

I do know in my husbands case he did 9yrs state time and they could have given him 7-10yrs for re-entry but decided at the end of his state sentence not to proceed with re-entry charges because of the length of time he did in state and because he had 2 strikes...the magistrate said he had more to worry about with the state (25-life) if he came back then with the feds. So I wonder if the length of the state sentence plays a part in the immigration agent/judges decision to prosecute.

gabbsplus2 · #8 08-01-2012, 11:34 AM

My hubby did state and went in front of an immigration judge and didnt get anymore time, idk how it really worked but he got 3yrs for agg ass w/dw and he didnt get any fed time for been here illegally and just got deprted.

Now this time he just got the re-entry charge and plead guilty and got 30months fot the points he had for prev felonies/charges...

My29 · #9 08-01-2012, 12:08 PM

@ negretelove ... thats what I thought , that he will first have to complete his state sentence to then be sent to federal prison for illegal reentry ...thats why is soo confusing to me .. alot of people says that is possible they will put the time concurrent with the federal time ... I dont know but he haves court soon so I will kepp yall posted :'(

saritax13 · #10 08-18-2012, 03:52 PM

My man is doing a little over 5 years state time and then he is ganna get deported but he says he wont find out if he ganna get charged with re entry untill after his state time is done. When ice picks him up on his release in a couple more years. So I dont really see how he could be doing his re entry federal time right now. Well atlease here in oregon

My29 · #11 12-05-2012, 12:36 PM

***********update*************My hubby got sentence on Monday and they gave him 24 months to run concurrent with his state sentence so were looking at a total of 18 months!!! im really greatful to God ... his guidelines were 57-71 months ... SOO 24 month concurrent time is a blessing ♥

Lazy Girl · #12 12-05-2012, 01:27 PM

Wow!! You sure did get lucky! I wish my husband had the same luck! He did 8 years in prison and just got sentenced to 3 more in federal for re-entry.

My29 · #13 12-05-2012, 02:05 PM

Quote:

Originally Posted by Lazy Girl

Wow!! You sure did get lucky! I wish my husband had the same luck! He did 8 years in prison and just got sentenced to 3 more in federal for re-entry.

Im sorry to hear that

.... I believe it had a lot to do with the judge, she was really nice and we had the court room full of family and friends to show support ...and prayers alot of prayers !!!

Lazy Girl · #14 12-07-2012, 05:40 PM

That is awesome!! Prayers do help!!

Quote:

Originally Posted by My29

Im sorry to hear that

.... I believe it had a lot to do with the judge, she was really nice and we had the court room full of family and friends to show support ...and prayers alot of prayers !!!

nycdon420 · #15 12-10-2012, 08:55 AM

It depends really but most likely once he gets to the feds hes probably gonna have to sit a month or 2 and wait for them to deport him, the most important thing is how many times did he get caught for re entry?if it was more then once then a thousand percent he's gonna do some time. Hope everything works out for u guys best of luck