Legal Opinion

United States v. Renford George Smith

Court of Appeals for the D.C. Circuit

Decided July 8, 1994No. 93-3013PublishedCited by 119 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WILLIAMS.

Dissenting Opinion filed by Circuit Judge SENTELLE.

STEPHEN F. WILLIAMS, Circuit Judge:

This ease poses the question whether a sentencing court may depart below the range indicated by the Sentencing Guidelines where the defendant, solely because he is a deporta-ble alien, faces the prospect of objectively more severe prison conditions than he would otherwise. We hold such departures permissible.

Renford George Smith, a Jamaican citizen, entered the United States illegally in 1991. The following year he was arrested and charged with unlawful…

2Cases cited20 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Lockett v. OhioSupreme Court of the United States · 1978
  3. Williams v. United StatesSupreme Court of the United States · 1992
  4. Louis Wolfish v. Honorable Edward LeviCourt of Appeals for the Second Circuit · 1978
  5. United States v. Rogelio Lara, Carlos Morales, Francisco Delgado, Carlos MoralesCourt of Appeals for the Second Circuit · 1990

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3Cited by119 opinions

  1. United States v. Luis Salgado (99-5645) Wilfredo Jambu (99-5651)Court of Appeals for the Sixth Circuit · 2001
  2. United States v. Perry A. Graham, United States of America v. Terrence A. Terrell, United States of America v. Roger v. SmithCourt of Appeals for the D.C. Circuit · 1996
  3. United States v. Honore Fred Farouil, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1997
  4. United States v. GoodwinCourt of Appeals for the D.C. Circuit · 2010
  5. United States v. John U. Ebolum, A.K.A. Francisco Achamba, A.K.A. Festus Achamba, A.K.A. Festus Francis Ugoh AchambaCourt of Appeals for the Sixth Circuit · 1995

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