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Criminal Law

: Tenth Circuit Blog

Another GL Sentence Affirmed

By Shari Allison

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US v. Gallegos-Castillo, No, 08-2090, 3/26/09 - Bottom of the guideline range sentence in reentry case affirmed. No plain procedural error in using prior violent felony conviction in both offense level and criminal history calculations, and court was without jurisdiction to review decision not to depart downward based on overrrepresented criminal history. Sentence was also substantively reasonable because nothing raised by defendant rebutted the presumption of reasonableness, so district court did not abuse its discretion in imposing it.

Full post as published by Tenth Circuit Blog on March 27, 2009 (boomark / email).

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