Thursday, March 20, 2008

Example of Below-GL Reentry Sentence

US v. Gonzalez-Carballo, No. 07-2155 (D.N.M. No. 07-489): Although this appeal was filed as an Anders brief and the Tenth Circuit agreed, it is notable because the aggravated reentry defendant received a below-guidelines sentence of 24 months. The original guidelines sentencing range was criminal history category III, offense level 21. His prior was related to alien smuggling. Probation agreed that his CH was over-represented. The sentence imposed by the district court was 22 months less than the original advisory range and 17 months less than the range calculated using category II.