New Sentencing Ordered in Reentry Case

U.S. v. Najera-Morales, 2005 WL 1766371 (7/27/05)(unpub'd) - Helpful language for reentry sentencing. While reversing a sentence for plain non-constitutional Booker error, the court noted that the defendant's persistent attempts, despite his aggravated felon status, to obtain permanent residence through his citizen wife by openly approaching INS, paying high fees and remaining in contact with INS merited special consideration warranting a sentence below the guideline range.