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Eleventh Circuit reverses sentence "impermissible factor"

By Douglas A. Berman

The Eleventh Circuit has reversed a short probation revocation sentence US v. Velasquez, No. 06-16637 (11th Cir. Apr. 21, 2008) (available here) because the judge relied on an "impermissible factor."  Here are the highlights:Wilber Guillermo Velasquez Velasquez appeals his nine-month sentence for violation of his supervised release. Velasquez?s sole argument on appeal is that his sentence was based on the district court?s disapproval of the fact that immigration officials had released him on bond pending the outcome of his asylum proceedings.  Velasquez argues that the district court exceeded its statutory sentencing authority by basing his sentence on this fact.  We agree.  Whether he should have been detained or released during the pendency of his immigration proceedings was a matter for an immigration judge to decide, and the district court lacks jurisdiction over immigration matters...continue to full post

Full post as published by Sentencing Law and Policy on April 21, 2008 (boomark / email).