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: Fifth Circuit Blog

Courts Lack Authority to Suspend a Failure-to-Depart Sentence After the Sentence Has Begun

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United States v. Garcia-Quintanilla, No. 08-50400 (5th Cir. July 7, 2009) (Higginbotham, Garza, Prado)Prefatory disclosure: I did some work on this case.Ever heard of 8 U.S.C § 1253? It criminalizes conduct relating to an alien's failure to depart the United States after having been ordered to do so. It also contains a unique provision, in subsection (a)(3), permitting a district court to suspend

Full post as published by Fifth Circuit Blog on July 07, 2009 (boomark / email).

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