United States Sixth Circuit

Defendant's sentence for illegally reentering the U.S. is affirmed where: 1) the District Court had the authority to reject the Sentencing Guidelines on policy grounds; and 2) because the Guidelines are advisory only, the particular methodology set forth in U.S.S.G. section 4A1.3 is not binding.

Appellate Information

• Decided 07/08/2009
• Published 07/08/2009

Judges

• Before:  COLE and CLAY, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant.  Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant.  Donald Daniels, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.