United States v. Federico S. Tinoso
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)…