United States v. Vaquera-Juanes, No. 10-2063 (10th Cir. 2011)
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Appellant Jose Santos Vaquera-Juanes was indicted for knowingly attempting to re-enter the United States after having been previously deported. Appellant plead guilty to the charge, and was sentenced to forty-nine months' imprisonment and two years' supervised release. Although he did not raise the issue during sentencing, in this appeal Appellant argues that the lower court erred by imposing supervised release without first making required findings. On appeal, the Circuit Court dismissed Appellant's argument on ripeness grounds, holding that "because [Appellant] has shown no practical possibility he will ever legally be in a position to violate the terms of the condition he challenges, he has failed to show any likelihood his term of supervised release will be revoked because of a violation of the challenged condition… even if the […] condition remains part of the criminal judgment, there is no reasonable possibility it will result in [his] re-incarceration… he has failed to show he will suffer any hardship."
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