Man convicted of illegal reentry received offense level increases under two Sentencing Guidelines sections because he committed other offenses both before his original deportation and after it. Man: § § 2L1.2(b)(2) and (3) violate the Equal Protection clause because it unlawfully discriminates against noncitizens because they apply to only illegal-reentry offenses and discriminate against noncitizens by counting their prior convictions twice — in the offense level and in the criminal-history calculation. Eleventh Circuit: Illegally reentry after being deported following conviction on another crime is a more serious offense than simply illegally reentry. No violation. Dissent: C'mon. This is double-counting for noncitizens' Guideline calculation based on little more than their immigration status. Definitely violates the Fifth Amendment right to equal protection of the laws.
The case is United States v. Osorto, No. 19-11408 (11th Cir. Apr. 20, 2021).