United States v. Hector Gonzalez

CUMMINGS, Circuit Judge.

This unusual appeal from a criminal conviction focuses not on the conviction itself but rather on a potential collateral effect of the conviction on the deportability of the defendant. On October 26, 1977, defendant Hector Gonzalez was convicted of unlawful distribution of heroin in violation of 21 U.S.C. § 841(a)(1) 1 and 18 U.S.C. § 2 2 Six days after he was sentenced, 3 the defendant appealed his conviction and also moved in the district court for a recommendation against deportation pursuant to 8 U.S.C. § 1251(b). In a decision and order entered January 9, 1978,…