Sunday, December 31, 2006
Eighth Circuit gets it: Reverses excessively lenient sentence for Mexican meth dealer; deportation no reason to reduce a sentence especially after defendant ignored deportation orders beforeSentencing law and policy doesn't like the Eighth Circuit's frequent reversals of sentences when it finds the District Court went too far under the guidelines range. Maybe, but the two most recent cases more than justified resentencing for harder time, Kane,(US District Court ED of Mo.) the pimping momma and Morales-Uribe (SD of Iowa) the hard working immigrant drug dealer who had already been deported. The appeals court noted something that escaped the attention of the trial level court: deported aliens too frequently find their way back into the country. "The PSR, to which Defendant did not object, indicates that he has attempted to enter the United States illegally on three separate occasions. Two of these attempts, one being successful, occurred even after the Government deported him on October 27, 1999. This indicates strongly that deportation will not protect the people of the United States from further crimes by Defendant."