(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).

Third Circuit

CRIM DEF - SENTENCE - SUPERVISED RELEASE - DISTRICT COURT HAS NO AUTHORITY TO TOLL PERIOD OF SUPERVISED RELEASE AFTER DEPORTATION UNTIL RETURN
United States v. Cole, 567 F.3d 110 (3d Cir. May 20, 2009) (district court had no authority to order that the supervised release term of illegal reentry sentence be tolled as long as defendant remained outside of the United States following his possible removal after his prison term, because tolling is not a "condition" of supervised release within the meaning of 28 U.S.C. 3583(d)).