This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein imposed a sentence of time served, well under the Guidelines range, in a narcotics case where defendant would be deported on completing his term of incarceration. Chief Judge Dora L. Irizzary granted a §2255 petition where, under recent Supreme Court rulings, petitioner's prior offenses did not support a sentencing enhancement under the Armed Career Criminal Act. Judge Margo K. Brodie dismissed a §1983 suit against a state agency for lack of subject matter jurisdiction and lack of ripeness. And Judge Joseph F. Bianco affirmed a bankruptcy court's decision to abstain from an adversary proceeding.

Sentencing and Deportation

In United States v. Eiflaar, 16 CR 636 (June 12, 2017), Judge Weinstein emphasized the harsh consequences of deportation in sentencing defendant to six-months' time served following his guilty plea to a cocaine offense.

Defendant, 26, is a Dutch citizen born in Suriname. In January 2017 he pled guilty to one count of importing cocaine and one count of possessing it with intent to distribute. In June he was sentenced to time served and supervised release for three years. Defendant faced prompt deportation upon his release from custody.