19-1772-cr United States v. Herrera-Cruz UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 27th day of May, two thousand twenty. PRESENT: DENNY CHIN, SUSAN L. CARNEY, STEVEN J. MENASHI, Circuit Judges. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x UNITED STATES OF AMERICA, Appellee, -v- 19-1772-cr FIDEL HERRERA-CRUZ, Defendant-Appellant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x FOR APPELLEE: Carina H. Schoenberger, Assistant United States Attorney, for Grant C. Jaquith, United States Attorney for the Northern District of New York, Syracuse, New York. FOR DEFENDANT-APPELLANT: James P. Egan, Assistant Federal Public Defender, for Lisa A. Peebles, Public Defender for the Northern District of New York, Syracuse, New York. Appeal from the United States District Court for the Northern District of New York (Suddaby, C. J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED. Defendant-appellant Fidel Herrera-Cruz appeals from a judgment entered June 11, 2019 convicting him, following a guilty plea, of one count of illegal reentry in violation of 8 U.S.C. ยง 1326(a). The district court sentenced him to five months' imprisonment to be followed by one year of supervised release. On appeal, Herrera- Cruz argues that the district court abused its discretion in imposing conditions of supervised release that are impossible for him to comply with outside of the United States or that fail to serve the purpose of preventing illegal reentry. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal. Herrera-Cruz is a Mexican citizen who does not have legal immigration status in the United States. On February 24, 2019, Herrera-Cruz was arrested after he was caught illegally entering the Northern District of New York from Canada. On April 3, 2019, Herrera-Cruz appeared before the district court, waived indictment, and pled guilty to one count of illegal reentry. 2 Each party submitted ...
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