Criminal Law

Dist. Ct. did not err in sentencing defendant to 181-month term of incarceration on drug conspiracy charge that was based in part on calculation of offense level of 32, even though defendant had entered into plea agreement that called for stipulated offense level of 30, along with govt. recommendation of imposition of sentence at minimum of applicable sentencing guideline range. Govt. could seek higher offense level and advocate for longer sentence where defendant breached agreement by fleeing jurisdiction prior to sentencing hearing and avoiding recapture for five-year period. Fact that govt. obtained some benefit arising out of agreement in form of avoiding trial on charged offense did not require different result, where govt. was forced to devote resources to find and apprehend defendant so that he would serve sentence.

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.