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Criminal Law
: Tenth Circuit BlogBy Shari Allison
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U.S. v. Torrez-Chavez, 2011 WL 465489 (2/10/11) (N.M.) (unpub'd) - While acknowledging a few unpublished decisions presumed a below-guideline-range sentence to be reasonable, this particular panel suggests such a sentence would not be entitled to that presumption. In any event, the fact that a sentence is below the guideline range is strong evidence the d. ct. carefully considered the § 3553(a) factors. The 45-month reentry sentence---25 months below the range---was reasonable.U.S. v. Hartley, 2011 WL 441700 (2/9/11) (Wyo.) (unpub'd) - An upward variance from 30-37 months to 48 months for being a felon in possession of a firearm was reasonable because the defendant was serving 3 separate probations at the time of the offense. § 4A1.1(d)'s points for being under a criminal justice sentence only accounted for one of the probations...continue to full postFull post as published by Tenth Circuit Blog on February 22, 2011 (boomark / email).
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