United States Tenth Circuit

A sentence for illegal reentry by a deported alien after having been previously convicted of an aggravated felony is affirmed where: 1) claims that the sentence was procedurally unreasonable failed; and 2) under the circumstances, defendant failed to demonstrate that his criminal history and family circumstances, when viewed in light of 18 U.S.C. section 3553(a), rendered a bottom of the Guidelines sentence an abuse of discretion.

Appellate Information

• Decided 10/21/2008
• Published 10/22/2008

Judges

• HOLMES, Circuit Judge., Before HENRY, Chief Judge, McWILLIAMS, Senior Circuit Judge, and HOLMES, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Zachary A. Ives (Martha E. Mulvany with him on the briefs), Freedman Boyd Hollander Goldberg & Ives, Albuquerque, NM, for Defendant-Appellant., William J. Pflugrath, Assistant United States Attorney (Larry Gómez, Acting United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.