Murguia-Oliveros

BACKGROUND

The facts are important. Murguia-Oliveros was originally convicted of illegal reentry after deportation in 1996. He was sentenced to a term of imprisonment followed by deportation and three years of supervised release. On September 14, 2001, after serving the term of imprisonment, he was released from custody and deported from the United States. His three-year term of supervised release thus began on that date and was set to expire on September 14, 2004. Under the terms of his supervised release, he was prohibited from reentering the United States illegally after he was deported, and he was required to report to the United States Probation Office within 72 hours of any reentry.

Murguia-Oliveros did reenter the United States during his term of supervised release, for he was arrested on unrelated charges in San Diego in October of 2003. When his probation officer subsequently learned of that arrest, he sent Murguia- Oliveros a letter via certified mail to his last known address, instructing him to report. Murguia-Oliveros failed to report and did not make any contact with the probation officer. The district court issued a bench warrant in January of 2004 for…