United States Tenth Circuit

Sentence for reentry of a deported alien previously convicted of an aggravated felony is affirmed over defendant's argument that the district court erred in refusing to consider his request for a variance below the applicable guideline range until the court had first satisfied itself that a sentence within the range would be unreasonable.

Appellate Information

• Decided 07/31/2007
• Published 08/01/2007

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, NM, for defendant-appellant., David C. Iglesias, United States Attorney;  William J. Pflugrath, Assistant United States Attorney, Albuquerque, NM, for plaintiff-appellee.