Ortuno-Higareda

BACKGROUND

Ortuño was convicted in the United States District Court for the District of Arizona of illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). He was sentenced to an eighteen-month term of imprisonment followed by thirty-six months of supervised release. Condition one of Ortuño’s supervised release stated: “You shall not commit another fed- eral, state, or local crime during the term of supervision.” Ortuño was also required to comply with two special condi- tions, the first of which stated: “If deported, you shall not re- enter the United States without legal authorization.”

At Ortuño’s sentencing hearing on August 4, 2000, the court specifically informed Ortuño that if he reentered the United States within three years after serving his sentence, he would be in violation of the conditions of his release. The court further noted that such a violation could result in 6340 UNITED STATES v. ORTUÑO-HIGAREDA Ortuño’s imprisonment for another three years. When asked if he understood, Ortuño answered, “[y]es.”

Ortuño was released from federal custody on August 13, 2001. He was deported that same day. In such a case, the inmate is released…