United States Ninth Circuit

Conviction and sentencing of defendant for reentry after deportation, 8 U.S.C. section 1326, is reversed and remanded where: 1) an appellate waiver negotiated by the district court at sentencing in exchange for a reduced sentence is invalid and unenforceable; and 2) the immigration judge failed adequately to advise defendant of his ability to apply for voluntary departure.

Appellate Information

• Decided 07/08/2011
• Published 07/08/2011

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel