Criminal Defense of Immigrants



 
 

§ 10.27 (D)

 
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(D)  Effect of Deportation.  A defendant who has been deported cannot be resentenced in a drug case following deportation as Rule 43(a) of the Federal Rules of Criminal Procedure requires defendant’s presence at the sentencing hearing.[87]  It would be necessary to seek permission from the DHS for the defendant to be paroled into the United States for this purpose.  See § 15.14, infra.


[87] United States v. Plancarte-Alvarez, 366 F.3d 1058 (9th Cir. May 11, 2004).

 

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