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U.S. v. Castro (9th Cir. - March 26, 2010)

By Shaun Martin

Let's say you're an illegal alien. Worse (for you), you were deported in 2003. Even worse, this transpired after you pled guilty to committing lewd acts on a 14- or 15-year old child. Presumably also after your prison term therefor.

For better or worse, you've now (again) illegally entered the United States. The country in which you want to live, I'm sure, but which (1) has deported you, (2) doesn't want you, and (3) knows about your prior conviction.

Two weeks ago, your ex-wife got arrested for smuggling illegal aliens to the United States. They know she's your ex-wife. Should you:

(A) Continue to hang out at her place. They wouldn't possibly come and search the place, would they? Or:
(B) Find another place.

Eduardo Castro said "(A)". An answer that gave him a sentence of around four years in prison to rethink this response.

Today, he gets remanded for resentencing. Due to the crazy categorical/modified categorical doctrine that occasionally results in bad consequences. Though even on remand, it's not looking good for Castro. He's still looking at years and years.

So for anyone out there in a similar situation: The correct answer is (B).

Full post as published by California Appellate Report on March 26, 2010 (boomark / email).