United States v. Neto, No. 10-1651 (1st Cir. 2011)Annotate this Case
In 2006 defendant was convicted of various immigration crimes, including harboring five illegal aliens from Brazil (8 U.S.C. 1324), and sentenced to five years in prison. After the trial, but before sentencing, he was indicted for smuggling those same aliens into the country. The court denied a motion to dismiss. Defendant was convicted and sentenced to another five years. The First Circuit affirmed, rejecting an argument of successive prosecution in violation of defendant's due process rights. The Due Process Clause provides no greater protection than the Double Jeopardy Clause. Defendant conceded that each prosecution required proof of a fact that the other did not require so there was no double jeopardy violation. The district court conclusion that there was no "extraordinary misconduct" by the prosecution justifying a sentence below the mandatory minimum was within its discretion.