United States v. Azcona-Polanco, No. 16-3478 (3d Cir. 2017)
Annotate this CaseAzcona-Polanco, a citizen of the Dominican Republic, was admitted to the U.S. as a lawful permanent resident in 1972. In 1994, he was ordered removed based upon a conviction for heroin distribution but never left the country. In 1997, Azcona-Polanco was convicted of conspiracy to violate federal narcotics laws and sentenced to 168 months’ incarceration. He was deported in 2009, after his incarceration, but re-entered illegally and assumed an alias, having purchased a citizen’s birth certificate and Social Security card. Azcona-Polanco was arrested and pled guilty to illegal reentry, 8 U.S.C. 1326(a); (b)(2). His sentencing range was 41-51 months. The Guideline range for a term of supervised release was one to three years, with a maximum of three years, 18 U.S.C. 3583(b)(2). Azcona-Polanco was presumptively exempt from supervised release as a deportable immigrant, U.S.S.G. 5D1.1(c). The Presentence Investigation Report and sentencing memorandum noted that presumption. The court sentenced Azcona-Polanco to 41 months’ imprisonment and three years’ supervised release, stating, “in case he does illegally reenter the United States he must report in person to Probation.” Azcona-Polanco did not object to the imposition of supervised release. The Third Circuit affirmed. A district court is permitted to impose a term of supervised release on a deportable immigrant “if the court determines it would provide an added measure of deterrence and protection based on the facts and circumstances of a particular case.”
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.