United States v. Salas

Legal immigrant convicted of two nonviolent burglaries faces deportation under statute requiring removal for violent crimes. Supreme Court: The statute is unconstitutionally vague; it requires judges to speculate as to whether the average burglary is violent, rather than consider the specific burglaries in the case. Tenth Circuit: In light of that, a separate, identically worded statute that imposes longer prison sentences for using a dangerous device during the commission of a violent crime is also unconstitutional. Defendant’s 35-year sentence for firebombing a Las Cruces, N.M. tattoo parlor may be too long.

Tags: 2018, Deportation, Immigration, Sentencing, Tenth Circuit, Vagueness

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