United States v. Oboh

BARKETT, Circuit Judge, dissenting, in which KRAVITCH, ANDERSON, BIRCH and CARNES, Circuit Judges, join: I believe the majority errs in adhering to United States v. Chukwura,

5 F.3d 1420

(11th Cir. 1993), cert. denied,

115 S. Ct. 102

(1994). Like the First, Fourth, and Fifth Circuits, I believe that 18 U.S.C. § 3583(d) provides only that a defendant who is subject to deportation may be surrendered to the INS for deportation proceedings in accordance with the Immigration and Naturalization Act ("INA").1 Because the language of § 3583(d) is subject to different interpretations, we must look to the…