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(116) The Kansas legislature designed the KSGA to serve two basic functions, (117) which it fulfills by prescribing temporal and dispositional boundaries while allowing judges to depart under compelling circumstances.
The Kansas Court of Appeals's decision in Martinez, requiring adherence to the KSGA's prescriptive probationary sentence even for a criminal who is subject to removal by the federal government, obfuscates the purposes of immigration law and the sentencing guidelines themselves.
The KSGA was designed to preserve a measure of judicial flexibility in sentencing.
The Supreme Court of Kansas subsequently held KSGA's procedure for upward departure sentencing unconstitutional.
Marking drug crime as a cause for removal, this statute is the analog in the immigrant removal system to the KSGA.
(122.) In particular, the court did not consider the flexibility of the KSGA. See supra notes 68-74 and accompanying text (describing departure sentencing within the framework of the KSGA).
(138.) Thus, the KSGA allows a judge to depart from the statutory sentence upon a finding of one or more aggravating circumstances.
(144.) It is clear that by "probation rules," the district judge was referring to [section] 21-4610(a) of the KSGA, prohibiting a probationer from violating any laws to which she is subject.