District court’s conclusion that it could only sentence below guidelines range on a determination that range is unreasonable is harmless error
SENTENCING United States v. Arrevalo-Olvera, No. 06-2291, ___ F.3d ___ (10th Cir. Jul 31, 2007)(New Mexico). Appeal of sentence for illegal reentry to United States by deported alien previously convicted of aggravated felony in violation of 8 U.S.C. §§ 1326(a)(1) and (2) and 8 U.S.C. § 1326(b)(2). HELD: District court erred by concluding it could only sentence defendant below sentencing guidelines range if it determined sentence within guidelines’ range was unreasonable. Nevertheless, error was harmless because district court sentenced defendant to term of imprisonment that was three months above minimum guideline sentence thereby indicating that outcome would remain the same if remanded. Read the opinion here. |
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