Friday, June 30, 2006

REDUX: Tolling of Supervised Release During Deportation

Several months ago, this writer posted about the Sixth Circuit's position that the district court has authority to order that a term of supervised release may be tolled while a defendant is out of the United States after being deported. See US v. Isong, 111 F.3d 428 (6th Cir. 1997). Today, in US v. Ossa-Gallegos, No. 05-5824 (6/30/06) (appeal by attorneys Jennifer Coffin and Ron Small of M.D. Tenn), the Court reviewed this issue in detail. The Court noted the strength of Judge Moore's dissent in Isong and "the weight of authority" from the 2nd, 8th, and 11th Circuits, which all found that such tolling is unauthorized. The Court nonetheless found that it was bound by the holding in Isong, but noted that Mr. Ossa might want to seek en banc review.

At sentencing in cases where the client is to be deported, practitioners should continue to object to a special condition tolling supervised release while deported, raise it on appeal and then in an en banc petition and/or cert. petition to the Supreme Court.

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People of all ages are able to do this. Your own history is special because of your circumstances: your cultural, racial, religious or ethnic background. Your story is also part of human history, a part of the story of the dignity and worth of all human beings. By putting opinions and thoughts into words, you, too, can give voice to your inner self and strivings.

A long entry by Anne Frank on April 5, 1944, written after more than a year and a half of hiding from the Nazis, describes the range of emotions 14-year-old Anne is experiencing:

". . . but the moment I was alone I knew I was going to cry my eyes out. I slid to the floor in my nightgown and began by saying my prayers, very fervently. Then I drew my knees to my chest, lay my head on my arms and cried, all huddled up on the bare floor. A loud sob brought me back down to earth, and I choked back my tears, since I didn't want anyone next door to hear me . . .

"And now it's really over. I finally realized that I must do my school work to keep from being ignorant, to get on in life, to become a journalist, because that's what I want! I know I can write. A few of my stories are good, my descriptions of the Secret Annex are humorous, much of my diary is vivid and alive, but . . . it remains to be seen whether I really have talent . . .

"When I write I can shake off all my cares. My sorrow disappears, my spirits are revived! But, and that's a big question, will I ever be able to write something great, will I ever become a journalist or a writer? I hope so, oh, I hope so very much, because writing allows me to record everything, all my thoughts, ideals and fantasies.

"I haven't worked on Cady's Life for ages. In my mind I've worked out exactly what happens next, but the story doesn't seem to be coming along very well. I might never finish it, and it'll wind up in the wastepaper basket or the stove. That's a horrible thought, but then I say to myself, "At the age of 14 and with so little experience, you can't write about philosophy.' So onward and upward, with renewed spirits. It'll all work out, because I'm determined to write! Yours, Anne M. Frank

For those of you interested in reading some of Anne Frank's first stories and essays, including a version of Cady's Life, see Tales From the Secret Annex (Doubleday, 1996). Next: Reviewing and revising your writing

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