Justices To Hear Deportee's Appeal Of Sentencing Calculation
By Kelly Knaub (October 1, 2015, 8:29 PM EDT) -- The Supreme Court agreed Thursday to review a Fifth Circuit decision that said a district court's error in sentencing an immigrant, who pleaded guilty to being present in the U.S. following deportation after having been convicted of an aggravated felony, did not affect his substantial rights.
Saul Molina-Martinez, a Mexican national, filed his petition with the high court in March, arguing that an error that alters the sentencing guideline range should be presumed prejudicial, even when the sentence imposed falls within the correct range.
He said the federal circuits are divided regarding the proper application of the "affected substantial rights" prong...
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