1 ' A
UNI`IED STATES DISTRICT COURT . ILED QDGED
- FOR THE ___ RECEIVED ——_COPY
DISTRICT OF ARIZONA _ `**
APR 9 2007
. I CLERK us DISTH CIT `
. ·- gv BISTFIIQT QP A1EI|Z§I$AJHT
s Petitioner, § I
Juan Yanez-Hernandez 5
vs. § Case No. 04CR03.22‘9—001—PHX—NVW
A
UNITED STATES OF AMERICA §
Respondent. §
MOTION FOR SENTENCING ADJUSTMENT
I COMES Nowi pro se , Juan Yanez-Hernandez , who was committed
November 03 , 2004 to serve consecutive sentences; 1) fifty-one `
months (51) for Illegal Reentry after Deportation, 8 U.S .C ..
§1326 [a) with sentencing enhancement persuant t0l8 U»S.C.
@1326 (b)(2), a Class C felony; 2) eight months for Violation
of Probation, O in sentence CR?.04-1229 , ¢bOthr being served at the
facility in the state of Ohio, Northeast Ohio Correctional
Center, 2240 Hubbard Road, Youngstown, OH 44505.
Because of his status as a deportable allen, petitioner is ineligible to receive th benefit of six
months half way house placement that is oltered to inmates that are citizens or to participate in the
500 hr. Residential Drug Abuse Program (HDAP) that offers a year off your sentence for
successfuly completing the program but deportable inmates are not allowed to receive that benefit.
J. Hernandez pmpt ._
Case 2:O4—cr—O1229—NVW Document 49 Filed O4/O9/2007) Page 1 of 4
sF·‘etitione
This places petitionerldefendant to serve different sentence under similar cr-rcum-stances. s
"Collateral Consequences" are not part of the judgment of conviction and are not imposed upon the
defendant for the purpose of punishing him. - _
The issue presented by this case is whether unusual harsh collateral consequences that are I
visited by law in a defendant as a result of his conviction may provide a basis for mitigating the
penal sanction that would otherwise be required by the sentencing guidelines collateral
F consequences are not part ofthe judgment of conviction and are not imposed upon the defendant
for the purpose of punishing him..IThe effect of such consequences, however, are as punitive as a
tenn of incarceration. This is particularly true in this case where the collateral consequences is
deportation andwhere a consequence of that is a longer period of imprisonment under more severe
, conditions than would apply to a‘United States Citizen convicted ot the same odense
802F. Sqnp. 781 (ED. N. Y. 1992). The extraorchnary harsh and disparate nature of this
penalty was acknowledged by the Supreme Coun in Jordan 5. DeGor@, 341‘U.S. 223, 71 S. Ct.
703, 95 L Ed % (1951). because he is an alien and has been convicted of a crimetlire Court holds
I involve "Moral Turpitude" is punished with a life sentence of banishment in addiction to the
I punishment which a citizen would suffer for the identical acts. ld. at.'232, 71 S". Ct. ati"08.
Solely because of this status as a deportable alien, the defendant sentence will be served `
under circumstances that are more than those facing a United States Citizen who commit the
identical guideline sentence, the defendant/petitioner will not be eligible to serve his sentence in a
minimum security facility, nor receive a portion of his sentence (10%) in a half-way house even
after successfully completing the 500 hr. Residential Drug Abuse Program or other community
custody program, including home conhnement.
J . Hernandez page2
Case 2:O4—cr—O1229—NVW Document 49 Filed O4/O9/2007 Page 2 of 4 _
. R `
Therefore defendantfpetitione-r has the right tohave a reduction ot his sentence.
CONCLUSION
Detendantfpetitioner feels that his is entitled tothe above mention sentence relief of at least
six months under F. Sapp 781 (E.D.N.Y. 1992).
‘ ·Petitioner is not a teamed man of theiaw eskthis honoraiqle Court to read this
motion with Ieniency afforded to such unleamecl man of the law.
PRAYER
t { Defendantjpetitioner prays that this honorable Court after considering the fact that he will be ‘
deported, and ·thati·he cannot participate in the 500 hr. Residential Drug. Abuse Program for those
reasons peitsner request this Court to grant this motion and order for the request reliefladiustment
of sentence of atleast six months.
` . Respectfully Submitted,
C/ugsm \/(>—xf\C, 'Z. H'
Juan Yanez—Hexnandez P
68806-198
NEOCC
2240 Hubbard Road `
Youngstown, OH 44505
J. Hernandez pmxa
Case 2:O4—cr—O1229—NVW Document 49 Filed O4/O9/2007 Page 3 of 4
- `s_ H .
··¤' ` I
Pursuant to the principles 487 U.S. 266101 L. Ed 2d 245, 1tB S. Ct. — n
"iQ8 and Court this 29.2, the attached document were filed with this Court on 5
5 · ___f___/_ and served on counsel for the opposing party on this same date, by depositing the
_ required number ot originals and duplicates ot said documents into the prisons mail collecttonbox in -
U a sealed envelop with tirst class prepaid postage affixed and addressed to the.GIerk ot this Court
and to opposing counsel at the address set forth inthe- cleri<'s record.
c.c Mailed to the Clerk of the Court
Respectfully Submitted, t
T X; H,
uoefx 0-·J\(LZ.
Juan Yanez—Hexnandez
68806-198
_ NEOCC
2240 Hubbard Road
Youngstown, OH 44505
J. Hernandez pm 4
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