What is the impact of section 3553(a)(2)(C) and section 3582(c)(1)(A)(ii) of the Federal Drug Code on the public safety of a convicted drug dealer?

MultiRegion, United States of America

The following excerpt is from United States v. Villafuerte-Diaz, Case No.: 19-cr-1063-GPC (S.D. Cal. 2020):

Sections 3553 and 3582 also require consideration of public safety. 18 U.S.C. 3553(a)(2)(C), 3582(c)(1)(A)(ii). Defendant has no history of violent conduct and the instant conviction additionally did not involve any violent conduct; her conduct was aberrant behavior from an otherwise law-abiding life. Id. at 17. Further, since she will be deported upon her release and barred from reentry, she will not pose danger to the community. See United States v. Arreola-Bretado, No. 3:19-CR-03410-BTM, 2020 WL 2535049, at *3 (S.D. Cal. May 15, 2020) (granting release for defendant convicted of importation of methamphetamine with no history of non-violent conduct and would be deported upon her release). Defendant plans to return to Tijuana in a family home that she owns with her husband. ECF No. 32 at 16.

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