http://www.kfoxtv.com/news/10216025/detail.html

Man Accused Of Backing Over Baby Faces Immigration Charges

Lorenzo Barraza is in federal custody being charged as an illegal immigrant re-entering the U.S. as an aggravated felon.

And because he has previously been charged with second degree murder, his sentence may be even longer.

Just a few days ago, KFOX reported how Lorenzo Barraza, the uncle of 2 -year-old Noel Posas, admitted to Dona Ana sheriffs that he accidentally ran over baby Noel. But, Barraza won't be charged for this incident. Instead, he faces federal charges of being here illegally.

"He was processed again for re-entry deportation and is being held at the Dona Ana Detention Facility," said Roger Garcia, public affairs official for Border Patrol El Paso Sector.

Because of his second-degree murder conviction back in 1982, Barraza faces aggravated felony charges.

The statutory sentence for an aggravated felony charge is 20 years in federal prison, but immigration attorneys say illegal immigrants who face this charge never serve that long.

"The sentencing guideline range is determined by the court and is usually less, far less than the statutory maximum, which is 20 years," said Norm Carins, prosecuting attorney for the U.S. Attorney's Office in New Mexico.

This is the third time Barraza, who is from Mexico, has been found illegally here in the U.S. and the border patrol said it is not uncommon to find people in the U.S. who have crossed multiple times illegally.

"In fiscal years 2006, we identified 13,636 criminal individuals, now these crimes range anywhere from misdemeanor , DWI, to felony, murder, rape or kidnapping charges," Garcia said.

Yet, immigration prosecutors believe illegal immigrants who have criminal backgrounds do usually get longer sentences than those with no criminal history.

"The way the sentencing guidelines work is that if the defendant who has illegally re-entered the United States after deportation who has a more serious felony conviction record, usually receives typically a greater sentence," said Carins.

Barraza only served three years of a six-year sentence in a state prison for his second-degree murder charge.

But, if he is convicted of re-entry as an aggravated felon, he will have to serve all of his time in a federal prison and will not be eligible for parole.

Border Patrol said after he serves his sentence, if he is convicted, he will then be deported back to Mexico.

Immigration attorney Norm Carins said Barraza will most likely face his first appearance before a judge in Las Cruces within a few weeks.