Criminal Defense of Immigrants
§ 10.41 B. Special Proceedings After Sentence
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After sentence has been imposed, there are two procedures by which noncitizen defendants may try to avoid service of a sentence in the United States:
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)).