United States v. Hercules, No. 18-1965 (1st Cir. 2020)
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The First Circuit affirmed Defendant's sentence imposed in connection with his plea of guilty to conspiracy to distribute and possess with intent to distribute controlled substances and possession with intent to distribute the same, holding that a defendant's potential future deportation is a factor that a sentencing court may consider under 18 U.S.C. 3553(a).
By the time of sentencing, a detainer had been filed against Defendant with an eye toward subsequent deportation. Defendant requested that the sentencing court consider his future deportation and the possibility of a downward variance on that basis. The district court determined that it would not give weight to Defendant's potential deportation when fashioning Defendant's sentence. The court then imposed an eighty-seven-month term of immurement. The First Circuit affirmed, holding (1) under appropriate circumstances, a defendant's potential deportation may properly be considered pursuant to section 3553(a)(1); and (2) the court did not abuse its discretion in determining that it would not give weight to Defendant's potential future deportation.
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