Despite the change from a mandatory sentencing guidelines system to an advisory system wrought by the U.S. Supreme Court's decision in United States v. Booker , judges do not have the freedom to consider deportation as an additional punishment that results in a lower sentence for a defendant, the 2nd Circuit has ruled. The ruling found that the lower court erred in considering that deportation would further the goal of protecting the public from future crimes by the defendant.
February 15, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Judges do not have the freedom to consider deportation as an additional punishment that results in a lower sentence for a defendant, the 2nd U.S. Circuit Court of Appeals has ruled.
Despite the change from a mandatory sentencing guidelines system to an advisory system wrought by the U.S. Supreme Court’s decision in United States v. Booker, 543 U.S. 270 (2005), the circuit said judges are still barred from dramatically lowering a sentence because the defendant will be deported.
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