United States Eleventh Circuit

Sentence for violation of supervised release is vacated and remanded where the district court: 1) exceeded its statutory authority by basing defendant's sentence on a disapproval of the fact that immigration officials had released defendant on bond pending the outcome of his asylum proceedings; and 2) lacked jurisdiction over immigration matters.

Appellate Information

• Decided 04/21/2008
• Published 04/21/2008

Judges

• PER CURIAM:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Evelio J. Yera, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.


• For Appellees:
  
• Timothy Cone (Fed. Pub. Def.), Ft. Lauderdale, FL, Helaine Batoff and Kathleen M. Williams (Fed. Pub. Defenders), Miami, FL, for Defendant-Appellant.