United States v. Garcia ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10407
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MAGDELINA GARCIA, a/k/a
Magdelina Meyer,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:94-CR-101-A(3)
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October 31, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Magdelina Garcia argues that the district court lacked
authority to order her deported under 18 U.S.C. § 3583(d). In
relevant part, § 3583(d) provides that "if an alien defendant is
subject to deportation, the court may provide, as a condition of
supervised release, that he be deported and remain outside the
United States, and may order that he be delivered to a duly
authorized immigration officer for such deportation." 18 U.S.C.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-10407
-2-
§ 3583(d). Although the district court could have provided that
deportation be a condition of supervised release, the district
court lacked authority under § 3583(d) to order the defendant
deported without a deportation hearing. See United States v.
Quaye, 57 F.3d 447, 449-51 (5th Cir. 1995). The 1994 amendment
to 8 U.S.C. § 1252a(d), which authorizes district courts to order
aliens deported who have committed aggravated felonies is
inapplicable because judicial deportation was not requested by
the Attorney General. See § 1252a(d).
Accordingly, we MODIFY the judgment as follows and AFFIRM as
modified:
As a condition of supervised release, upon completion
of her term of imprisonment the defendant is to be
surrendered to a duly-authorized immigration official
for deportation in accordance with the established
procedures provided by the Immigration and
Naturalization Act, 8 U.S.C. §§ 1101 et seq. As a
further condition of supervised release, if ordered
deported, defendant shall remain outside the United
States.
MODIFIED AND AFFIRMED.