Criminal Defense of Immigrants


§ 10.2 II. Roles of Court and Counsel

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The roles of court and counsel are somewhat different with respect to noncitizen defendants than they are for criminal defendants in general.




Fourth Circuit

United States v. Valdovinos, ___ F.3d ___, ___, 2014 WL 3686104 (4th Cir. Jul. 25, 2014) (Davis, Senior Circuit Judge, dissenting) (Our disagreement as to the outcome in this case stems, I think, less over the content and application of relevant precedent and more from a fundamental disagreement regarding our role as arbiters of a flailing federal sentencing regime. Where, as here, we have been presented with a choice in how to interpret the interstices of federal sentencing law, and where one choice would exacerbate the harmful effects of over-incarceration that every cadre of social and political scientists (as well as an ever-growing cohort of elected and appointed officials, state and federal, as well as respected members of the federal judiciary) has recognized as unjust and inhumane, as well as expensive and ineffectual, this insight can and should inform our analysis. I deeply regret the panel's failure to take advantage of the opportunity to do so here.).


Stephen R. Sady & Lynn Deffebach, A Defenders Guide To Sentencing And Habeas Advocacy Regarding Bureau Of Prisons Issues (Aug. 2011)