United States Eighth Circuit

PROTECT Act's de novo review standard applies to pending appeals, and a defendant seeking a downward departure for waiving deportation rights must demonstrate a colorable, non-frivolous defense to deportation and show a waiver of that defense would substantially assist the administration of justice.

Appellate Information

• Decided 07/08/2004
• Published 07/08/2004

Judges

• RILEY, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christian S. Wilton, argued, Asst. U.S. Atty., Minneapolis, MN, for appellant.


• For Appellees:
  
• Daniel L. Gerdts, argued, Minneapolis, MN, for appellee.