Criminal Defense of Immigrants


§ 10.3 III. Goals of Sentencing

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Counsel’s normal goals in sentencing are to minimize the criminal and collateral effects of sentence for the defendant.  See § 10.4, infra.  When the defendant is a noncitizen, counsel must also attempt to minimize the immigration consequences of sentence.  See § 10.5, infra.  This can require balancing these sometimes competing goals.  See § 10.6, infra.  Finally, many aspects of sentence can be influenced or dictated by the particular plea bargain entered into in the case.  See § 10.7, infra.