United States First Circuit

District court's imposition of a 33-month sentence upon a defendant convicted of illegal reentry into the United States is affirmed where: 1) here, the district court imposed a sentence within the GSR, which was agreed to by the parties and limned in the PSI report, and the parties default expectation should have been that the court would impose a within-the-range sentence, and thus, there was no special need for notice; and 2) district court's observation that the defendant had entered the United States illegally on five separate occasions and conclusion that a mid-range sentence was appropriate to promote respect for the law and to prevent recidivism, was a sufficient explanation to undergird the court's choice of a 33-month sentence.

Appellate Information

• Decided 11/05/2010
• Published 11/05/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Stephen Neyman, Rosa Emilia Rodríguez-Vélez