Friday, April 14, 2006

Within Guidelines Sentence Presumed Reasonable

U.S. v. Marquez-Olivas, 2006 WL 775170 (3/28/06)(unpub'd) - More proof that the mandatory guidelines are alive and well. The 10th rejects a challenge to a within-guideline range sentence as unreasonable while applying the presumption of reasonableness to that sentence. The 10th reasons that the sentence is reasonable because the defendant failed to establish his cultural assimilation circumstances were extraordinary. Did I imagine the explanation in Booker that refusing to go below the guideline range except in extraordinary circumstances established a mandatory system?