United States Third Circuit

In appeal by prosecution of sentence imposed on defendant after his U.S. following deportation, sentence is vacated as the date that the offense commenced, for purposes of calculating the criminal history score, is the date that defendant entered the U.S., not the date that he was found in the U.S. by immigration authorities.

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• TASHIMA, Circuit Judge., Before:  CHAGARES, HARDIMAN, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Richard J. Zack, Esq. (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellant/Cross-Appellee United States., David L. McColgin, Esq. (Argued), Assistant Federal Defender, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellee/Cross-Appellant Magdaleno Hernandez-Gonzalez.