SentenceCalc

Illegal Reentry Sentence Calculator

Illegal reentry after deportation (8 U.S.C. §1326) starts at offense level 8 under §2L1.2. What moves the sentence is the person's record: prior convictions add 2 to 10 levels when they came before the first removal and again when they came after it, and the same convictions also raise the criminal history category. Someone with no criminal convictions who pleads guilty scores 0–6 months; someone with a prior 3-year drug felony scores 15–21 months.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

Starting level8§2L1.2(a)
No convictions, plea0–6 monthsLevel 4
Prior felony (3 years), plea15–21 monthsCategory II
Legal maximum2 to 20 yearsdepends on the prior record

Calculate a specific case

Change any answer and the sentence updates. Nothing you enter leaves this page.

 See the math

How an illegal reentry sentence is calculated

§2L1.2 looks at three things, and each is scored separately:

Prior convictionLevelsRule
Two or more misdemeanor illegal-entry convictions / a prior felony illegal reentry+2 / +4§2L1.2(b)(1)
Other convictions for conduct before the first removal order (pick the most serious)
Three or more violent or drug trafficking misdemeanors+2(b)(2)(E)
Any other felony+4(b)(2)(D)
Felony, sentence over 13 months+6(b)(2)(C)
Felony, sentence of 2 years or more+8(b)(2)(B)
Felony, sentence of 5 years or more+10(b)(2)(A)
Other convictions for conduct after the first removal order: the same scale, +2 to +10 (§2L1.2(b)(3))

Because the same convictions also earn criminal history points, a serious record raises both the offense level and the category. That double effect is intended.

Reentry sentences for common situations

Each row assumes an early guilty plea. Criminal history categories are shown for each case, since reentry cases almost always involve prior convictions.

SituationHow it adds upLevelGuideline sentence
First reentry, no criminal convictions8 unlawful reentry −2 plea −2 zero-point40–6 months
Drug felony with a 3-year sentence before the first removal
3 criminal history points: Category II		8 unlawful reentry +8 prior felony, 2 years or more −3 plea13, Category II15–21 months
1 year, 3 months to 1 year, 9 months
Same, with a 4-level fast-track plea8 unlawful reentry +8 prior felony, 2 years or more −3 plea −4 early disposition program9, Category II6–12 months
6 months to 1 year
Same, plus a prior felony reentry conviction (18 months)
6 points: Category III		8 unlawful reentry +8 prior felony, 2 years or more +4 prior felony reentry −3 plea17, Category III30–37 months
2 years, 6 months to 3 years, 1 month
5-year felony before removal, 2-year felony after it
6 points: Category III		8 unlawful reentry +10 prior felony, 5 years or more +8 later felony, 2 years or more −3 plea23, Category III57–71 months
4 years, 9 months to 5 years, 11 months
Before the removalMaximum under 8 U.S.C. §1326
No felony conviction2 years
A felony, or three or more drug or violent misdemeanors10 years
An aggravated felony20 years

Statutory figures from 8 U.S.C. §1326(a) and (b).

Fast-track pleas

Federal prosecutors can offer early disposition (“fast-track”) plea deals in illegal reentry cases under programs authorized by the Attorney General and each district's U.S. Attorney. On the government's motion, the court may reduce the offense level by up to 4 levels for someone who pleads quickly and waives certain rights (§3F1.1). In the prior-felony example above, fast-track moves the range from 15–21 months to 6–12 months. Whether an offer is made, who qualifies and how many levels it is worth depend on the district's program and the person's record.

Frequently asked questions

What is the guideline range for illegal reentry?

With no criminal convictions and a guilty plea, the range is 0–6 months, which allows probation. With a prior felony that drew 2 years or more before the first removal, it is about 15–21 months. Serious records can push it to several years, up to a 20-year maximum after an aggravated felony.

Is illegal reentry a felony?

Yes. Reentering or being found in the United States after deportation without permission is a federal felony under 8 U.S.C. §1326, with a 2-year maximum that rises to 10 or 20 years depending on the prior record.

Do old convictions count?

For the offense-level increases, the guideline counts convictions that also receive criminal history points, which generally means sentences within 15 years (longer sentences) or 10 years (shorter ones) of the new offense. Very old convictions often drop out of both.

What is fast-track?

A plea offer made by federal prosecutors under an early disposition program the Justice Department has authorized for the district. It lets the court reduce the offense level by up to 4 levels, on the government's motion, for a quick guilty plea. In the prior-felony example it gives 6–12 months.

Sources