Question: Someone who went to the United States told me about a case titled USA v. Smith where the codefendants received a six month reduction in their sentence due to immigration. The defendants are from Colombia, and they are now in Washington, D.C. My husband would like to know whether you’ve heard about that case and whether that law is particular to that city?
Answer: In Washington, D.C., Colombians and all aliens, whether extradited or not, are given a six month sentence reduction. This rule was applied in all federal courts for a time, but now I believe it is only recognized by the courts in Washington, D.C.
The rationale for this rule is that deportable foreigners are not entitled to halfway house treatment. Halfway house treatment allows inmates to be released to a dormitory-like setting outside of jail, usually six months before the end of their sentences. So to correct this unequal treatment judges were permitted to reduce the sentences of deportable immigrants on that basis. However, most appellate courts struck down the rule.
I doubt that judges outside of D.C. would reduce sentences for this reason if they thought the reduction would be overturned by the appellate courts as being contrary to their rulings. But I suspect judges would do it if they knew the prosecutor would not appeal the decision.
However, there may be another reason the automatic rule would not apply. In D.C. no judge reduces sentences because of the conditions at Combita or other foreign jails. This may be because the automatic six-month rule is in place. In other jurisdictions where the rule is not applied, judges are more likely to reduce sentences because of the conditions of pre-trial confinement in foreign jails.
Even though the automatic reduction has been eliminated, every defense lawyer should still argue that it be applied. Judges are more or less free to impose sentences they believe to be fair and are no longer limited by the Guidelines.
The short answer to your question is yes. The rule applies automatically in Washington–but only in Washington.