STATE v. SILVERA

Nos. A-11174, A-11193, A-11195.

309 P.3d 1277 (2013)

STATE of Alaska, Appellant/Cross-Appellee, v. Michael SILVERA, Appellee/Cross-Appellant. State of Alaska, Petitioner, v. Jose Manuel Perez, Respondent.

Court of Appeals of Alaska.

September 27, 2013.


Attorney(s) appearing for the Case

Renee McFarland , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellants Silvera and Perez.

Ann B. Black , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and COATS, Senior Judge.


OPINION

ALLARD, Judge.

This consolidated case raises the question of whether the statewide three-judge sentencing panel has the authority to impose a sentence below the presumptive range to lessen, or eliminate, the risk that a defendant will be deported.

The State argues that federal law prohibits state courts from modifying a sentence for the purpose of influencing the federal immigration consequences of a conviction. It also argues that...

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