United States v. Williams
733 F.3d 448
2d Cir.2013Background
- Williams was deported in 1996 after an aggravated-felony conviction and secretly returned to the U.S.
- He was arrested in 1999 for a separate offense, but illegal reentry charges were not brought until 2010.
- The government learned of the 1999 arrest in 2002 through a routine validation process but did not locate Williams then.
- In 2010, ICE arrested Williams during Sweeps Week and indicted him for illegal reentry under 8 U.S.C. § 1326(a)(2) and (b)(2).
- District court held the five-year limitations period did not bar the indictment, rejecting Williams’ tolling/ineffective-assistance theories; Williams was convicted in a bench trial and sentenced to 24 months.
- On appeal, the court affirms, adopting the standard that a reentry offense is complete when authorities discover the alien’s presence and knowledge of illegality, with limitations beginning then.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When was Williams ‘found in’ the United States for §1326(a)? | Found in 2002 via validation data. | Found in 2010 when authorities located him. | Limitations began in 2010; 2002 finding was insufficient. |
| Does §3290 fugitive tolling apply to extend the limitations period? | Fleeing from justice tolls the period. | No need to toll; focus on discovery timing. | Not reached/necessary to decide; court did not rely on fleeing tolling. |
| Did Williams' counsel provide ineffective assistance at the 1996 removal proceedings under §1326(d)? | Ineffective assistance prejudiced removal; should invalidate the deportation. | Cooperation evidence existed; no prejudice shown. | No reasonable probability of a different result; no prejudice. |
Key Cases Cited
- Rivera-Ventura v. United States, 72 F.3d 277 (2d Cir. 1995) (found-in completion hinges on discovery and knowledge of illegality)
- Toussie v. United States, 397 U.S. 112 (Sup. Ct. 1970) (limitations run to encourage prompt investigation)
- DiSantillo v. United States, 615 F.2d 128 (3d Cir. 1980) (balance time-to-discovery against danger of perpetual jeopardy)
- Whittaker v. United States, 999 F.2d 38 (2d Cir. 1993) (found in when location and illegality converge)
- Cerna v. United States, 603 F.3d 32 (2d Cir. 2010) (ineffective-assistance standard under 1326(d))
- Samuels v. Chertoff, 550 F.3d 252 (2d Cir. 2008) (offsetting favorable evidence requires unusual or outstanding equities)
- United States v. Mercedes, 287 F.3d 47 (2d Cir. 2002) (immigration information in state custody contexts not required to be exhaustive)