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Ninth Circuit finds another within-guideline sentence substantively unreasonable!!

By Douglas A. Berman

I am excited to report that, only about 4.5 years after the Booker ruling, the Ninth Circuit has managed to find a second within-guideline sentence to be substantively unreasonable.  Regular readers may recall the Ninth Circuit was the first to find an unreasonable within-guideline sentence in the unpublished Paul case a few years ago (basics here), and this time around the Ninth Circuit went to the trouble of making sure its ruling is published.  The ruling comes in US v. Amezcua-Vasquez, No. 07-50239 (9th Cir. June 1, 2009) (available here), and here is how the panel decision begins: Javier Amezcua-Vasquez (?Amezcua?), a native and citizen of Mexico, appeals his 52-month prison sentence for attempting to reenter the United States unlawfully in violation of 8 U...continue to full post

Full post as published by Sentencing Law and Policy on June 01, 2009 (boomark / email).