United States Third Circuit

District court's imposition of 46-months' imprisonment and three years of supervised release on a defendant convicted of illegally reentering the United States subsequent to a conviction for the commission of an aggravated felony is affirmed where: 1) it is apparent that the district court was aware of the discretionary nature of the Guidelines and its authority to impose a sentence outside of the prescribed range, but it had no obligation to exercise that discretion in favor of the defendant; and 2) defendant's sentence is substantively reasonable.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• Before:  RENDELL, BARRY and CHAGARES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher H. O'Malley, Esq., Office of Federal Public Defender, Camden, NJ, for Appellant.


• For Appellees:
  
• George S. Leone, Esq., John F. Romano, Esq., Office of United States Attorney, Newark, NJ, for Appellee.