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Crack Cocaine Conviction, Plus Immigrations Matter

By FindLaw Staff on July 16, 2010 | Last updated on March 21, 2019

US v. Booker, 08-4180, concerned a challenge to a defendant's conviction for possession with intent to distribute more than 50 grams of crack and sentence of 25-years' imprisonment.  In affirming, the court held that the DEA had probable cause to search defendant and his truck as soon as he arrived at the address in question.  The court also held that defendant's sentence was procedurally sound and that the district court's sentencing was substantively reasonable as it followed the procedure set out in Gall and the Sixth Amendment did not prohibit the court from accounting for the fact that defendant was not only a drug dealer, but also a convicted felon who carried a weapon.

Marin-Rodriguez v. Holder, 09-3105, concerned a Mexican citizen's petition for review of the BIA's dismissal of petitioner's motion to reconsider an order of removal for lack of jurisdiction under section 1003.2(d), on the ground that petitioner had already been removed to Mexico.  In granting the petition, the court held that section 1003.2(d) is untenable as a rule about subject-matter jurisdiction as the Immigration and Nationality Act authorizes the Board to reconsider or reopen its own decision, and it does not make that step depend on the alien's presence in the United States.

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