Sentencing decision is reviewed for abuse of discretion based on reasonableness of sentence
SENTENCING/APPEAL United States v. Garcia-Lara, No. 06-3054, ___ F.3d ___ (10th Cir. Aug. 22, 2007)(Kansas). Government appeal of sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1). HELD: Sentence imposed by district court is reviewed for abuse of discretion asking whether sentence is reasonable under factors set out in 18 U.S.C. § 3553(a). [I]f a district court exercises its discretion to disregard, or give little weight to, the Guideline factors in crafting a sentence, it must find reasonable justification for doing so in the remaining § 3553(a) factors. A court’s conclusion that the Guidelines are simply “wrong” or an inadequate reflection of the statutory sentencing purposes is an unreasonable application of the § 3553(a) factors unless the court can justify the sentence imposed in light of the facts of the particular case considered under § 3553(a). Read the opinion here. |
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