United States v. Federico S. Tinoso

Good Law
2003 Daily Journal DAR 4474·327 F.3d 864·2003 WL 1949250·2003 Cal. Daily Op. Serv. 3499·2003 U.S. App. LEXIS 7929
United States Court of Appeals for the Ninth CircuitApril 25, 200302-10128California965 words

Opinion

Opinion

Tashima, J.

On February 20, 2001, Federico Tinoso, a citizen of the Republic of the Philippines, was sentenced to 63 months in prison and eight years of supervised release for conspiracy to distribute over five grams of methamphetamine hydrochloride, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. As a condition of supervised release, the district court ordered that, upon release, Tinoso “shall be turned over to a duly authorized official and shall be immediately deported ... and shall remain outside the United States during the term of his supervised release.” On appeal, Tino-so argues that the district court exceeded its authority in ordering his immediate deportation as a condition of supervised release. We agree. ■

DISCUSSION

Tinoso contends that the district court erred in ordering his immediate deportation as a condition of supervised release. At most, the district court was authorized to order that he be delivered to the Immigration and Naturalization Service (“INS”) for deportation proceedings in accordance with INS regulations. The district court based its condition deporting Tinoso on 18 U.S.C. § 3583 (d), which provides:

18 U.S.C. § 3583 (d). Whether § 3583(d)…

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