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Criminal Law

: Tenth Circuit Blog

Rare Reversal for Procedural Unreasonableness in Imposing Sentence

By Shari Allison

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US v. Swopes, 2009 WL 929927 (10th Cir. April 8, 2009)(unpublished)"In an exhibition of admirable candor", the Government conceded and Tenth Circuit agreed that the district court's sentence was procedurally unreasonable, and the error not harmless, because the court admitted presuming that the advisory Guidelines range was reasonable and failing to consider the 3553(a) factors!

Full post as published by Tenth Circuit Blog on April 10, 2009 (boomark / email).

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