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

Posted: 11 Apr 2007  

Nora V. Demleitner

Washington and Lee University; Marquette University - Law School

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

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: https://ssrn.com/abstract=979659

Nora V. Demleitner (Contact Author)

Washington and Lee University ( email )

204 W Washington St
Lexington, VA 24450
United States

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

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