Alien smuggling is a federal offense prosecuted by the US Attorney's office, and the sentencing range varies significantly depending on the specific charges in the indictment and the circumstances surrounding the offense.
The base federal statute for alien smuggling under 8 U.S.C. § 1324 carries up to five years per count for bringing undocumented individuals into the country. That number increases substantially if aggravating factors are present. If the smuggling resulted in serious bodily injury, if weapons were involved, or if the offense was committed for financial gain as part of an organized operation, the exposure jumps to ten years or more per count. Multiple counts stack, which is how sentences in smuggling cases can reach well beyond what a single count suggests.
Real sentences vary widely based on the specifics. In federal cases involving this charge, sentences ranging from 36 months on the lower end to 60 months and beyond on the higher end are consistent with what gets imposed, and those numbers reflect cases without the complication of a significant prior record.
Your husband's criminal history is the most damaging factor in his specific situation. Federal sentencing uses a guidelines calculation that assigns criminal history points based on prior convictions and sentences. A long criminal record pushes someone into a higher criminal history category, which directly increases the recommended sentence range under the guidelines. A judge can depart from the guidelines in either direction but the starting point is higher for someone with an extensive prior record than for a true first-time offender.
Getting an experienced federal criminal defense attorney involved immediately is essential. The indictment, the specific counts charged, and the criminal history calculation all need to be reviewed before any sentencing strategy can be developed.