Reposted by Susan Schreibstein
It's Talarico's fault that right-wing nutjobs lied about him.
Susan Schreibstein
@sschreibstein.bsky.social
2.6K followers 528 following 1.1K posts
Just an old lady with an excellent memory who pays attention.
Just an old lady with an excellent memory who pays attention.
![conviction is difficult to square with the Constitution’s admonition that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” Amdt. 5. As our precedents explain, “the Double Jeopardy Clause protects against a second prosecution for the same offense
after conviction.” [citation omitted]. The question in
a case like this is what constitutes the “same offense.”
In rejecting Herrera-Salazar’s double jeopardy objections,
the Tenth Circuit looked to the text of §1326(a) to answer
that question. It concluded that because the “‘allowable unit
of prosecution’ ” did not require a separate predicate reentry
for each violation of the statute, [citation omitted], each of Herrera-Salazar’s prosecutions and convictions was for a separate offense. By
those lights, with a single unlawful reentry supplying the
necessary statutory predicate, a person in Herrera-Salazar’s shoes can be subjected to repeated, limitless “found in”
charges without offending the Constitution.
“The Double Jeopardy Clause is not such a fragile guarantee that prosecutors can avoid its limitations by the simple expedient of dividing a single crime into a series of temporal or spatial units.” [citation omitted]. Yet that is just what the Government did here.
Herrera-Salazar was convicted of “a crime which was continuous, extending over the whole period” he was present in
the United States after his previous removal and reentry.
[citation omitted]. That continuous
crime plainly could not have concluded until the Government allowed Herrera-Salazar to leave the country. Because the crime of being found in the United States was
thus still ongoing at the time of his second arrest, the Government’s theory rests on the premise that Herrera-Salazar
could be charged, convicted, and punished twice solely “because the charges against him focused on different parts of ”
his compelled continuous presence in the United States.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreicyghzhp6ohqc3hahzo462hmkeawnizefewxghiae5meui23ywgei)
