Resentencing for Ark. man who pleaded guilty to keeping illegal immigrants without food, pay
CHUCK BARTELS

Associated Press Writer

3:01 p.m. CDT, October 20, 2010

LITTLE ROCK, Ark. (AP) — A man who pleaded guilty to keeping 26 illegal immigrants in Springdale in overcrowded conditions and without food has lost a bid to withdraw his plea. But he won an appeal that will allow him to argue for a lesser sentence.

Marcio De Oliveira was indicted in August 2009 and pleaded guilty to two counts of harboring illegal immigrants. He was sentenced to four years, three months in federal prison. On Wednesday, the 8th U.S. Circuit Court of Appeals upheld most of the case against De Oliveira but ordered a new sentencing hearing.

The appeals court found that the trial judge should not have granted a sentence enhancement on grounds the victims were unusually vulnerable.


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