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Below-Guidelines Sentence Reversed as Procedurally Unreasonable

By Shari Allison

U.S. v. Peña-Hermosilla, ___F.2d. ___, 2008 WL 1723664(10th Cir. April 15, 2008 )Reversal of a below-guidelines sentence as procedurally unreasonable: ?failure to provide proper explanation for the chosen sentence is reversible procedural error.? ?Proper? in this case charts to a large extent Rule 32 requirements. The court refused an evidentiary hearing on whether managerial role and use of a minor in a drug offense enhancements applied, but took proffers. Its explanation for why the government?s proffers fell short for the managerial enhancement did not comply with Rule 32. Its failure to allow an evidentiary hearing on the use of a minor enhancement was error (the court did not apply the enhancement). The case was remanded for further fact finding, an evidentiary hearing, and explanation...continue to full post

Full post as published by Tenth Circuit Blog on April 16, 2008 (boomark / email).