Thursday, March 15, 2012

PC World

United States v. Roccisano, No. 10-5237-cr (2d Cir. March 14, 2012) (Katzmann, Parkjer, CJJ, Restani, JCIT) (per curiam)

Guideline section 4A1.1(d) adds two criminal history points if the defendant committed the federal offense while under a criminal justice sentence, e.g., probation, parole or supervised release. The defendant here was deported to Italy in 2006 after completing the prison portion of a federal drug sentence that included a five-year term of supervised release. He was found in the United States in 2010, before the term of supervised release had expired, and the district court assessed those points. On appeal, he argued that this was error, because he had never been actively supervised in light of his deportation.

The circuit rejected this argument, joining at least five other circuits in holding that a term of supervised release is not extinguished by the defendant's deportation. The court also noted that the amended version of U.S.S.G. ยง 5D1.1 (November 1, 2011), which provides that courts should ordinarily not impose a term of supervised release at all where the defendant is an alien who will likely be deported after imprisonment, had no impact here. That provision does not apply where a term of supervised release is mandated by statute, and this was true in Roccisano's case, since the underlying conviction was for a drug crime.

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Anonymous Lulaine @ RD Legal Funding said...

It does seem absurd that the Court would impose a supervised release program for the prisoner when efforts to deport him were underway. Also if the court deemed it necessary to impose supervised release should have coordinated with the prisoner's home authorities and worked out a resolution with them.

March 26, 2012 at 1:35 PM  
Anonymous Jo @ Wall Quotes said...

I think you've made some truly interesting points. There are also lapses in their monitoring, in this case if the accused supervised release is still enforced, he should have limited privileges only.

May 20, 2012 at 10:33 AM  
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