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, — U.S. -, 115 S.Ct. 102, 130 L.Ed.2d 51 (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 Nationality Act (“INA”).1 Because the language of § 3583(d) is subject to different…