United States Tenth Circuit

A sentence for illegal reentry after deportation for an aggravated felony, which was thirty-three months above the high-end of the sentencing range recommended by the Sentencing Guidelines, is affirmed where, although the increase was substantial, it was reasonable under the compelling facts of the case, particularly defendant-s propensity for dangerous criminal conduct when he is drinking.

Appellate Information

• Decided 11/09/2006
• Published 11/10/2006

Judges

• EBEL, Circuit Judge., Before BRISCOE, EBEL, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John K. Henderson, Jr., Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant., Brent I. Anderson, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.