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Facts or Factoids?

By Bill Theis

United States v. Arturo Orozco-Vasquez, No. 05-3920 (December 5, 2006): Mr. Orozco-Vasquez received a sentence of 120 months, well above his calculated guidelines range of 63 to 73 months. Although the opinion is less than clear, it appears that the district court?s explanation for this substantial variance was Mr. Vasquez? criminal record, his membership in a gang, and his involvement in uncharged drug crimes. Apparently, none of these factors affected the calculation of the guidelines.As framed by the Court, the appeal centered around the lack of support for factual findings made by the district court. In approving this sentence, the Court has emphasized or created a distinction that could have validity in some instances, but can create much mischief if not properly employed...continue to full post

Full post as published by Seventh Circuit Blog on December 06, 2006 (boomark / email).