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First Circuit finds plain error when sentence based on inaccurate facts

By Douglas A. Berman

The First Circuit handed down a notable little sentencing opinion dealing with plain error yesterday in US v. Gonzalez-Castillo, No. 07-2134 (1st Cir. April 9, 2009) (available here).  Here is how the opinion starts: In this sentencing appeal, appellant, Ynocencio González-Castillo ("González") ?- a Dominican national who pled guilty to unlawfully entering the United States after being previously deported ?- challenges the sentence imposed on him by the district court.  The only issue presented is whether the sentencing court committed plain error when it imposed a sentence based, in part, on a fact not supported by the record.  After careful consideration, we conclude that the facts presented by this appeal require that appellant's sentence be vacated and that the case be remanded for resentencing...continue to full post

Full post as published by Sentencing Law and Policy on April 10, 2009 (boomark / email).