Wednesday, June 08, 2005

Reasonable to run super'd release sent. consecutively

U.S. v. Contreras-Martinez, 2005 WL 1283782 (6/1/05) - The d.ct. reasonably imposed a sentence for a supervised release violation [for original reentry offense] consecutively to the underlying offense [another reentry]. U.S.S.G. § 5G1.3(b), which suggests concurrent sentence for an offense taken into account in the instant crime's offense level did not apply where the supervised release violation involved a separate offense. Indeed, under note 3(c) of § 5G1.3(c) and § 7B1.3(f) consecutive sentences are more appropriate. Most importantly for future appeals of post-Booker sentences, the 10th said review of such sentences would use the same relaxed "reasonableness" standard that has been used for review of supervised release violation sentences. Consequently, the judge acted reasonably here by listening to counsel's arguments and the evidence, imposing a sentence consistent with the guidelines and saying the sentence served the punishment and deterrence policies of 3553(a). No "magic words" are required.