U.S. v. Zamudio

Dist. Ct. erred in imposing as “additional imprisonment terms” upon defendant’s (non-citizen felon) release from prison that defendant be surrendered to Dept. of Homeland Security for determination on issue of his deportability, and that, if deported, defendant stay out of U.S. unless he received permission to return to U.S. Such terms could only be imposed as terms of supervised release, and Dist. Ct. had failed to impose any term of supervised release. Moreover, Ct. observed that sentencing guidelines advise against imposition of terms of supervised release where, as here, defendant is likely to be deported due to his status as aggravated felon and noted that Dept. of Homeland Security typically initiates removal proceedings prior to alien’s release from prison.