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U.S. v. BODRE

No. 91-1134.

948 F.2d 28 (1991)

UNITED STATES, Appellee, v. Ingrid Josefina BODRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 28, 1991.

Rehearing and Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Robert D. Richman, Federal Defender Office, for defendant, appellant.

John Reinstein, Judy Rabinovitz, and Lucas Guttentag, on brief for American Civ. Liberties Union, Civ. Liberties Union of Massachusetts and Nat. Immigration Project of the Nat. Lawyers Guild, amici curiae.

Joseph M. Walker, III, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief for appellee.

Before TORRUELLA, Circuit Judge, and HILL, and BOWNES, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied November 21, 1991.

HILL, Senior Circuit Judge.

Appellant is a citizen of the Dominican Republic and permanent resident alien of the United States. Appellant pled guilty in the district court to charges of possession and distribution of heroin. Appellant's motion for a Judicial Recommendation Against Deportation was denied by the district court on the grounds that Congress eliminated the sentencing judge's power to make...

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