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Thursday, March 08, 2007

District court’s duty to explain why it chose given sentence does not also require it to explain why it decided against different sentence

SENTENCING
United States v. Jarrillo-Luna,
No. 05-4262, ___ F.3d ___ (10th Cir. Mar. 5, 2007)(Utah).

Appeal of sentence for illegal reentry by previously deported alien in violation
of 8 U.S.C. § 1326(a).

HELD: Where district court explained reasons for imposing sentence within sentencing guidelines range, court’s failure to explain why it found defendant’s arguments for below guidelines range sentence unpersuasive was not error. District court’s duty to explain why it chose particular sentence does not also require it to explain why it decided against different sentence.

Read the opinion here.

posted by Russ at 4:32 PM


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