Abstract

http://ssrn.com/abstract=979659
 


 



Offenses Involving Immigration, Naturalization, and Passports: Model Sentencing Guidelines Sections 2I1, 2I2, 2I3, and 2I4


Nora V. Demleitner


Hofstra University - Maurice A. Deane School of Law


Federal Sentencing Reporter, Vol. 18, No. 5, p. 351, June 2006
Hofstra Univ. Legal Studies Research Paper No. 07-13

Abstract:     
This article is part of the Model Sentencing Guidelines Working Group's project which is designed to develop a guidelines regime that would simplify the existing federal sentencing guidelines. Among the most frequently used guidelines in today's federal sentencing system are those pertaining to immigration offenses. Some of these guidelines are difficult and cumbersome to apply as the Commission asks courts to use too many sentencing factors, often without distinguishing them in importance. The proliferation of such factors has also restricted the power of federal courts to make their own decisions as to the severity of individual offenses. For that reason, the proposed guidelines limit the number of these factors, and attempt to group them more coherently and logically. In addition, the proposed guidelines would restrain sentencing severity and attempt to create greater national uniformity with respect to immigration offenses. Because of the crushing caseload, many districts have opted for fast-track programs that have created wide disparities. The sanctions in the proposed guidelines are modeled on currently used fast-track programs as those are applicable in districts with the largest number of immigration cases. Finally, many of the proposals are based on existing empirical data.

Keywords: sentencing, criminal law, immigration

Accepted Paper Series





Not Available For Download

Date posted: April 11, 2007  

Suggested Citation

Demleitner, Nora V., Offenses Involving Immigration, Naturalization, and Passports: Model Sentencing Guidelines Sections 2I1, 2I2, 2I3, and 2I4. Federal Sentencing Reporter, Vol. 18, No. 5, p. 351, June 2006; Hofstra Univ. Legal Studies Research Paper No. 07-13. Available at SSRN: http://ssrn.com/abstract=979659

Contact Information

Nora V. Demleitner (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
516-463-6190 (Phone)
516-463-4054 (Fax) (Fax)

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