United States Second Circuit

Defendant's sentence to a three-year term of supervised release is affirmed, where: 1) defendant is a deportable alien who would likely will be deported after imprisonment; 2) the district court found that sentence was needed to deter the defendant from re-entering the United States illegally in the future; 3) imposing supervised release is appropriate and not a departure from Section 5D1.1(c) of the Sentencing Guidelines if the district court finds "that supervised release would provide an added measure of deterrence and protection based on the facts and circumstances of a particular case," and thus; 4) any alleged error did not affect defendant's substantial rights, since it is clear that it did not affect the outcome of the sentencing proceeding.

Appellate Information

• Decided 06/24/2013
• Published 06/24/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel