District court need not explain application of statutory sentencing factors when sentence falls within applicable sentencing guidelines range
SENTENCING United States v. Ruiz-Terrazas, No. 06-2138, ___ F.3d ___ (10th Cir. Feb. 26, 2007)(New Mexico). Appeal of sentence for illegal reentry to United States after prior deportation in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2) and (b)(2). HELD: District court is not required to discuss applicability of 18 U.S.C. § 3553(a) sentencing factors when sentence imposed falls within range suggested by sentencing guidelines. Unlike § 3553(c) which requires specific on-the-record explanation by district court for sentence falling outside guidelines range, § 3553(a) only imposes duty on district court to “consider” certain sentencing factors when sentence is within applicable guidelines range. Read the opinion here. |
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