In March of 2005, Underwood was driving an Acura belonging to a suspect in that case. When police stopped the car, they found 30 pounds of marijuana inside. Underwood denied any knowledge of the drugs, and was offered a plea deal for three years' probation. He was never informed that by pleading guilty, he was eligible for deportation since he was born in Belize.

But he was not deported. And six years later, Underwood left the United States for a cruise with his fiancée, and when he tried to return to the U.S., he was detained by immigration officials who tried to deport him. He was detained for 364 days in a place that had only 2 toilets for 60 people.

Because Underwood was not informed that by accepting the plea deal he was deportable, his sentence was overturned, but he was still going to be tried for the 2005 drug transportation charges.

He was then offered another plea bargain which he accepted, so the sentence was "time served". Underwood had been sentenced for the same crime - twice!