Solis-Chavez v. Holder, ___ F.3d ___, 2011 WL 5041916 (7th Cir. Oct. 25, 2011) (The JRAD was valid. Although it was entered about a month outside the 30"day post-sentencing window, the state-court record confirms that the judge unequivocally indicated her intent to retain jurisdiction for the express purpose of considering a JRAD, and the recommendation was thereafter entered without opposition from immigration authorities or the state prosecutor. The JRAD statute (repealed in 1990) is silent on whether noncompliance with the 30"day time limit is a defect that strips the court of authority to enter the recommendation. Dolan v. United States, 130 S.Ct. 2533 (2010), suggests that the missed deadline does not extinguish the court's authority"at least where, as here, the judge timely announced her intent to consider a JRAD and continued the case for that purpose.).

jurisdiction: 
Seventh Circuit

 

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