USA v. Villanueva-Cardenas, No. 21-40525 (5th Cir. 2023)
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Defendant pled guilty without a plea agreement to being unlawfully present in the United States after removal. The district court sentenced Defendant within the Guidelines range to 27 months of imprisonment and imposed a three-year term of supervised release. The district court imposed a special condition of supervised release requiring that Defendant be surrendered to immigration officials for deportation proceedings after his release from confinement and that, if officials decline to take custody of Defendant, he immediately depart the United States and return to Mexico.
On appeal, Defendant argued that the judgment should be amended to exclude the “self-deport” condition because the district court lacked the authority to impose this condition under 18 U.S.C. Section 3583(d). The Fifth Circuit vacated the district court’s judgment in part and remanded for the entry of a new written judgment without the special condition requiring that Defendant departs from the United States. The court held that here, the district court exceeded its authority by ordering Defendant to self-deport as one of his conditions of supervised release.
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