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Court Clarifies Review of Sentences for Improper Guideline Influence

By Jonathan Byrne

US v. Mendoza-Mendoza: Mendoza-Mendoza was convicted of illegal reentry (he had previously been deported to his native land of Mexico). At sentencing, he argued for a sentence below the advisory Guideline range. The district court concluded that it was "obligated" to impose a sentence within the Guideline range unless "a reason for a departure from those Guidelines, or a variance based on 18 USC 3553" was present. It then sentenced Mendoza-Mendoza to 46 months in prison, the Guideline minimum. In doing so, the district court rejected the Government's argument that Mendoza-Mendoza was a danger to others, but concluded that "I cannot see any reason for a variance."Mendoza-Mendoza appealed, arguing that his sentence was procedurally unreasonable...continue to full post

Full post as published by Fourth Circuit Blog on March 08, 2010 (boomark / email).