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Notable Sixth Circuit reversal for procedural unreasonableness

By Douglas A. Berman

The Sixth Circuit today has an interesting little reasonableness decision in US v. Garcia-Robles, No. 07-2209 (6th Cir. April 9, 2009) (available here). Here is how the decision starts, and a few key lines from the ruling: In June 2007, Julio Cesar Garcia- Robles (?Garcia-Robles?) pleaded guilty to unlawful re-entry of an alien deported after an aggravated felony conviction. The district court and the parties agreed that Garcia- Robles?s sentencing guidelines range was 30 to 37 months of incarceration.  At sentencing, Garcia-Robles asked for a downward variance to a sentence of 24 months of incarceration.  The government asked that the court impose a sentence within the guidelines range.  The district court determined that, because of the severity of the offense and the fact that Garcia-Robles had previously returned to the United States after deportation, an upward variance was necessary...continue to full post

Full post as published by Sentencing Law and Policy on April 09, 2009 (boomark / email).