Remand for resentencing necessary where record indicates judge would have imposed lower sentence if unconstrained by guidelines
SENTENCING United States v. Trujillo-Terrazas, No. 04-2075, ___ F.3d ___(10th Cir. Apr. 13, 2005)(New Mexico). Appeal of sentence for illegal reentry to United States after deportation in violation of 8 U.S.C. § 1326(a). HELD: Under plain error test, where analysis of sentencing factors set out in 18 U.S.C. § 3553(a) suggests that departure from sentencing guideline range would be permissible post-Booker, and where comments by sentencing judge indicated inclination to impose lower sentence if unconstrained by guidelines, case must be remanded for resentencing. Read the opinion here. Read the amended opinion here. |
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