United States v. Padilla Alvarado
2013 U.S. App. LEXIS 12884
| 2d Cir. | 2013Background
- Padilla Alvarado, Dominican Republic citizen, was deported for aggravated felonies and illegally re-entered the U.S. in 2011, indicted August 10, 2011 for illegal re-entry under 8 U.S.C. § 1326(a),(b)(2).
- Undisputed Guidelines range was 57–71 months; District Court sentenced 57 months followed by three years of supervised release to deter future re-entry and protect the community.
- District Court stated Padilla’s conduct showed deterrence was necessary and that he likely would re-enter after imprisonment, justifying added deterrence through supervised release.
- Padilla did not object to the supervised-release component at sentencing; issue on appeal is whether the court plainly erred by imposing supervised release contrary to § 5D1.1(c).
- Appellate court joined circuits in allowing supervised release where the court finds added deterrence and protection based on the facts and circumstances; held the district court’s finding supported the sentence.
- Judgment of the District Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether it was permissible to impose supervised release on a deportable alien | Padilla argues § 5D1.1(c) bars such release | Court may impose if added deterrence and protection shown | Yes; not a departure if deterrence shown |
| Whether the district court adequately explained the reason for supervised release | Failure to explicitly tie release to 5D1.1(c) invalidates the sentence | Explicit tying not required; deterrence rationale shown | Not plain error; explanation adequate given deterrence finding |
| Whether any procedural error affected Padilla’s substantial rights | Possible error could have changed outcome | Record shows added deterrence justifies sentence | No plain error; deterrence record supports outcome |
Key Cases Cited
- United States v. Valdavinos-Torres, 704 F.3d 679 (9th Cir. 2012) (added-deterrence rationale for supervised release in deportable aliens)
- United States v. Dominguez-Alvarado, 695 F.3d 324 (5th Cir. 2012) (deterrence-based justification for supervised release persists in amended § 5D1.1(c))
- United States v. Sero, 520 F.3d 187 (2d Cir. 2008) (review of sentence for reasonableness and proper consideration of § 3553(a) factors)
- United States v. Marcus, 130 S. Ct. 2159 (2010) (plain-error standard for appellate review of sentencing)
- United States v. Zangari, 677 F.3d 86 (2d Cir. 2012) (plain-error framework; substantial-rights analysis)