5 responses

  1. JRoss
    January 4, 2017
    • Richard G. Kopf
      January 4, 2017

      JRoss,

      That calls for a rimshot.* All the best.

      RGK

      *

      Reply

  2. Mario Machado
    January 5, 2017

    Great post, Judge.

    Sad irony here is that even if the Third Circuit hadn’t vacated its opinion and the judge would’ve shaved off some months at his resentencing, Mateo-Medina would’ve still likely done some additional time (approx. 4 months, perhaps?!) at an ICE facility while his removal to the Dominican Republic was processed by the government. I call that a non-sentence because he’s in ICE custody for an indeterminate term until he’s put on a plane.

    As for the supervised release, the Third Circuit’s footnote # 42 shows the Court had good intentions for him, but it’s a moot point because he will be sent back to the DR before he ever gets to start that part of his sentence.

    Reply

    • Richard G. Kopf
      January 5, 2017

      Mario,

      You make an important and terribly sad point.

      Here following is another scenario. It is predicated upon nothing more than a wild guess but I have seen it happen before.

      Perhaps the Third Circuit just realized that USMS and BOP informed ICE early last spring that the guy had already jammed his time and they were obligated to release him. As a result, ICE grabbed him per a detainer, and he waived deportation thinking that the Dominican Republic has better weather. In other words, he was gone by the time the Third Circuit ruled.

      All the best.

      RGK

      Reply

  3. defendergirl
    January 9, 2017

    The BOP website lists his release date as 12/28/2015. SO he went to ICE a year before the initial panel decision issued.

    Reply

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