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Eleventh Circuit Holds That Procedural Sentencing Requirements Must Be Strictly Followed

By Douglas A. Berman

                   In an unpublished per curiam decision today (available here), the Eleventh Circuit made clear that judges must strictly adhere to the statutorily imposed procedural requirements of sentencing.  United States v. Narvaez involved a defendant who pled guilty and was sentenced to 210-month concurrent sentences for conspiracy to possess with intent to distribute and possession with intent to distribute five kilograms or more of cocaine while aboard a vessel subject to United States jurisdiction.  Although the Eleventh Circuit rejected both of the defendant?s substantive arguments on appeal (involving objections to the district court?s denial of a safety-valve reduction as well as its imposition of a two-level upward adjustment under § 2D1...continue to full post

Full post as published by Sentencing Law and Policy on July 31, 2008 (boomark / email).