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Removal Did Not Moot Challenge to Sentence

By Shari Allison

U.S. v. Jurado-Lara, 2008 WL 2893974 (7/29/08) (unpub'd) - The defendant's challenge to a 16-month sentence was not moot, even though the defendant had finished his sentence and had been removed to Mexico. There were still sufficient collateral consequences attached to his sentence because, if his sentencing argument was correct, the upper end of his guideline range would be less than twelve months and his conviction for using false information and documents in violation of 18 U.S.C. § 1546 would not constitute an "aggravated felony" if he received a sentence less than 12 months. If he was not convicted of an aggravated felony he would not be permanently inadmissible. The defendant had a very sad story. He was convicted for using false photo-ID cards to get jobs in early 2004...continue to full post

Full post as published by Tenth Circuit Blog on August 05, 2008 (boomark / email).