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Odd AWA Ruling From the 5th Circuit

By Corey Rayburnyung

Last week, Sentencing Law & Policy had the details about a 5th Circuit decision reversing a sentence under the SORNA provisions of the AWA. Here is a portion of the decision:Sanchez pleaded guilty to failing to register pursuant to SORNA, in violation of 18 U.S.C. § 2250. At sentencing, Sanchez and the Government agreed that ?the guidelines associated with the crimes are 2X5.1 and 2X5.2 because there are no other applicable guidelines, specific to this crime.?  The district court noted that this was the only case it had ever encountered in which there was no applicable guideline, and determined that, in the absence of an applicable guideline range, it had to sentence Sanchez utilizing the factors set forth in 18 U.S.C. § 3553. The district court noted that the statutory maximum for a violation of §2250 was 10 years of imprisonment...continue to full post

Full post as published by Sex Crimes on May 21, 2008 (boomark / email).