United States v. Lorenzo Soto-Olivas

Lorenzo Soto-Olivas appeals his conviction for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326 (b)(2). He claims his prosecution was barred by the Double Jeopardy Clause. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

On May 21, 1990, Soto-Olivas was convicted of distributing cocaine base within 100 feet of a playground, in violation of 21 U.S.C. §§ 845 (a) and 841(a)(1). He was sentenced to 36 months imprisonment, to be followed by six years of supervised release. As one of the conditions of his supervised release, the sentencing court ordered him to “comply with the rules and regulations of the [Immigration and Naturalization Service,] and if deported from this country under any circumstances, not to reenter the United States illegally.”

Soto-Olivas was deported on February 25, 1992, after completing his prison term. On October 16, 1992, during his term of supervised release, he was arrested in Los Angeles County on auto theft charges. At a subsequent revocation hearing, he was sentenced to seven months imprisonment for violating the order for his supervised release that he not reenter the United States…