IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10547
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODRIGO FLORES-SOSA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:94-CR-17-A
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April 16, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Rodrigo Flores-Sosa argues for the first time on appeal that
the district court did not have jurisdiction to order him
deported upon the completion of his term of imprisonment as a
condition of his supervised release.
Title 18 U.S.C. § 3583(d) provides in part that "[i]f an
alien defendant is subject to deportation, the court may provide,
as a condition of supervised release, that he be deported and
remain outside the United States, and may order that he be
delivered to a duly authorized immigration official for such
deportation."
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
No. 95-10547
-2-
It was decided after sentence was imposed that this
provision does not authorize a district court to order a
defendant's deportation, but merely permits the sentencing court
to order that an alien subject to deportation be surrendered to
immigration officials. United States v. Quaye, 57 F.3d 447, 450-
51 (5th Cir. 1995). Neither did the United States invoke
8 U.S.C. § 1252a(d). Thus, the district court exceeded its
authority in ordering Flores-Sosa deported immediately upon the
completion of his term of imprisonment.
Accordingly, we MODIFY the judgment as follows and AFFIRM as
modified:
As a condition of supervised release, upon
completion of his term of imprisonment, the
defendant is to be surrendered to a duly-
authorized immigration official for
deportation in accordance with the
established procedures provided by the
Immigration and Naturalization Act, 8 U.S.C.
§§ 1101 et seq. As a further condition of
supervised release, if ordered deported,
defendant shall remain outside of the United
States.
MODIFIED AND AFFIRMED.