AMENDMENT 584
Section 5B1.3(d) is amended by adding at the end the following new subdivision:
"(6) Deportation
If (A) the defendant and the United States entered into a stipulation of deportation pursuant to section 238(c)(5) of the Immigration and Nationality Act (8 U.S.C. § 1228(c)(5)); or (B) in the absence of a stipulation of deportation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable -- a condition ordering deportation by a United States district court or a United States magistrate judge.".
Section 5D1.3(d) is amended by adding at the end the following new subdivision:
"(6) Deportation
If (A) the defendant and the United States entered into a stipulation of deportation pursuant to section 238(c)(5) of the Immigration and Nationality Act (8 U.S.C. § 1228(c)(5)); or (B) in the absence of a stipulation of deportation, if, after notice and hearing pursuant to such section, the Attorney General demonstrates by clear and convincing evidence that the alien is deportable -- a condition ordering deportation by a United States district court or a United States magistrate judge.".
Section 5D1.3(e)(5) is amended by striking "to provide just punishment for the offense,".
Section 5B1.3(c) is amended by inserting "(Policy Statement)" before "The following".
Section 5B1.3(d) is amended by inserting "(Policy Statement)" before "The following".
Section 5B1.3(e) is amended in the title by adding "(Policy Statement)" at the end.
Section 5D1.3(c) is amended by inserting "(Policy Statement)" before "The following".
Section 5D1.3(d) is amended by inserting "(Policy Statement)" before "The following".
Section 5D1.3(e) is amended in the title by adding "(Policy Statement)" at the end.
Reason for Amendment: The purpose of this amendment is to make several technical and conforming changes to the guidelines relating to conditions of probation and supervised release. The amendment has three parts. First, the amendment adds to §§5B1.3 and 5D1.3 a condition of probation and supervised release regarding deportation, in response to section 374 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L 104–208, 110 Stat. 3009 (1996). That section amended 18 U.S.C. § 3563(b) to add a new discretionary condition of probation with respect to deportation. Second, this amendment deletes the reference in the supervised release guideline to "just punishment" as a reason for the imposition of curfew as a condition of supervised release. The need to provide "just punishment" is not included in 18 U.S.C. § 3583(c) as a permissible factor to be considered in imposing a term of supervised release. Third, this amendment amends the guidelines pertaining to conditions of probation and supervised release to indicate that discretionary (as opposed to mandatory) conditions are advisory policy statements of the Commission, not binding guidelines.
Effective Date: The effective date of this amendment is November 1, 1998.