Wednesday, April 09, 2008

An Example of a Preserved Objection to a GL Sentence!

U.S. v. Kinchion, 2008 WL 886039 (4/1/08) (unpub'd) - The 10th reverses a guideline sentence because the district court applied a presumption of reasonableness to the Guidelines. The defendant preserved the error by asserting generally the court was not exercising the full range of its discretion. The error was not harmless, even though the district court stated it saw no justification for a variance.