United States Tenth Circuit

District court did not commit plain error when it gave defendant's counsel only thirty seconds to speak at his sentencing hearing, and its explanation of the sentence was adequate. The forty-six month sentence for illegal re-entry of a removed alien, which reflected a downward departure and fell at the bottom of the resulting Guidelines range, was substantively reasonable.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• TACHA, Circuit Judge., Before TACHA, LUCERO, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Marc H. Robert, Assistant Federal Public Defender, Office of the Federal Public Defender, Las Cruces, NM, appearing for Appellant.


• For Appellees:
  
• Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for Appellee.