Legal Opinion
United States v. Pena-Hermosillo
Court of Appeals for the Tenth Circuit
Decided April 15, 2008No. 06-8075PublishedCited by 37 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
The government appeals the district court’s decision to sentence the defendant to 121 months in prison, well below the applicable advisory Sentencing Guidelines range. Prior to varying downward, the court rejected the applicability of two sentencing enhancements recommended by the pre-sentence report and urged by the government. We find that the district court committed procedural error in its calculation of the advisory Guidelines range because it did not provide a sufficient explanation for its denial of the enhancements. We also find that the court’s alternative…
2Cases cited16 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Rita v. United StatesSupreme Court of the United States · 2007
- United States v. Lee W. Roberts, Also Known as Kurlee Roberts, Also Known as Dr. Lee Susan Byers and Jackie WoodCourt of Appeals for the Tenth Circuit · 1993
- United States v. Joseph D. RamseyCourt of Appeals for the Seventh Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. Sanchez-LeonCourt of Appeals for the Tenth Circuit · 2014
- United States v. HensonCourt of Appeals for the Eighth Circuit · 2008
- United States v. MendozaCourt of Appeals for the Tenth Circuit · 2008
- United States v. RamosCourt of Appeals for the Tenth Circuit · 2012
- United States v. LenteCourt of Appeals for the Tenth Circuit · 2011
32 more not listed; retrieve them via the Exa API.