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Tenth Circuit rejects government appeal of below-guideline sentence

By Douglas A. Berman

In a decision that talks a lot about post-Gall sentencing realities, the Tenth Circuit today affirms a below-guideline sentence in US v. Munoz-Nava, No. 06-2247 (10th Cir. May 6, 2008) (available here).  The calculated guideline range in Munoz-Nava was 46-57 months and the district court imposed a sentence of one-year-and-one-day.  The Munoz-Nava decision has lots of pro-discretion language that should please both district judges and defense attorneys; prosecutors, not so much.  Here is one of many notable paragraphs:The government asks us to discount the district court?s imposition of a term of home confinement and supervised release. While not as severe as an equivalent custodial sentence, home confinement and supervised release substantially restrict the liberty of a defendant...continue to full post

Full post as published by Sentencing Law and Policy on May 06, 2008 (boomark / email).