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May 20, 2010

Interesting Sixth Circuit decision on rehabilition as a federal sentencing factor

The Sixth Circuit handed down this morning an interesting little panel opinion in US v. Jimenez, No. 08-6435 (6th Cir. May 20, 2010) (available here), which discusses some interesting post-Booker sentencing issues.  Here is how the opinion starts:

Defendant Blanca Jimenez, a citizen of Mexico, pleaded guilty to the charge of illegally re-entering the United States after having previously been deported following an aggravated felony conviction.  The district court sentenced her at the low end of the advisory Sentencing Guidelines range to a prison term of 30 months.  Defendant contends on appeal that the district court miscalculated the Guidelines range by relying on findings that were not supported by sufficient evidence.  She also contends the sentence is substantively unreasonable because the district court relied on an impermissible purpose in imposing the prison sentence — namely, to promote rehabilitation.  For the reasons that follow, we affirm the judgment of sentence.

May 20, 2010 at 12:19 PM | Permalink


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