United States v. Phommachanh

HENRY, Circuit Judge.

In this appeal, Defendant-Appellant Fon-gyxmany Phommachanh challenges on jurisdictional and due process grounds the district court’s order that he be deported as a condition of his term of supervised release. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and modify the district court’s judgment.

I. BACKGROUND

Mr. Phommachanh is a permanent resident alien in the United States. On April 26, 1995, he pleaded guilty to two counts of using or carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(c). Mr.…