Post-Booker, sentence imposed in downward departure from sentencing guidelines is subject to appellate review for reasonableness

SENTENCING United States v. Chavez-Diaz, No. 05-2288, ___ F.3d ___ (10th Cir. Apr. 18, 2006)(New Mexico). Appeal of sentence for illegal reentry after deportation following conviction for aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). HELD: Court of appeals lacks jurisdiction to review district court’s discretionary decision to impose sentence below applicable sentencing guidelines range. Nonetheless, after United States v. Booker, 543 U.S. 220 (2005), court of appeals does have jurisdiction to review sentence resulting from such downward departure for reasonableness. Read the opinion here.