IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-10407 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MAGDELINA GARCIA, a/k/a Magdelina Meyer, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:94-CR-101-A(3) - - - - - - - - - - October 31, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Magdelina Garcia argues that the district court lacked

authority to order her deported under

(d). In

relevant part, § 3583(d) provides that "if an alien defendant is

subject to deportation, the court may provide, as a condition of

supervised release, that he be deported and remain outside the

United States, and may order that he be delivered to a duly

authorized immigration officer for such deportation." 18 U.S.C.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-10407 -2-

§ 3583(d). Although the district court could have provided that

deportation be a condition of supervised release, the district

court lacked authority under § 3583(d) to order the defendant

deported without a deportation hearing. See United States v.

Quaye,

(5th Cir. 1995). The 1994 amendment

to 8 U.S.C. § 1252a(d), which authorizes district courts to order

aliens deported who have committed aggravated felonies is

inapplicable because judicial deportation was not requested by

the Attorney General. See § 1252a(d).

Accordingly, we MODIFY the judgment as follows and AFFIRM as

modified:

As a condition of supervised release, upon completion of her term of imprisonment the defendant is to be surrendered to a duly-authorized immigration official for deportation in accordance with the established procedures provided by the Immigration and Naturalization Act,

et seq. As a further condition of supervised release, if ordered deported, defendant shall remain outside the United States.

MODIFIED AND AFFIRMED.