Sentencing Judge May Increase Punishment On Basis of Offender’s Status as Illegal Alien

A federal district court did not abuse its discretion when it increased a couple of drug offenders’ sentences within the U.S. Sentencing Guidelines range because they were present in the United States illegally, the U.S. Court of Appeals for the Eighth Circuit ruled Sept. 22. Basing harsher punishment on an offender’s status as a deportable alien is not the same as basing it on national origin, the court explained. (United States v. Loaiza-Sanchez)

Section 1B1.4 of the sentencing guidelines provides:

In determining the sentence to impose within the guideline range, or whether a departure from the guidelines is ...