Friday, February 20, 2009

70-month Sentence for PWID of 2 Tons of Marijuana Reasonable

US v. Bugarin, No. 07-2272 (2/18/09) (unpublished): Defendant was convicted of PWID more than two tons of marijuana, which was found in the trailer of a truck he was apparently co-driving. He pled guilty. He was eligible for safety-valve and therefore did not face the mandatory 10-year minimum sentence. However, his guidelines were 70-87 months and he faced removal. At sentencing, he argued for a variance on various grounds, including good character, collateral consequences of the conviction, and lack of other criminal history. Judge Johnson considered and rejected all the bases and imposed a 70-month sentence. On appeal, defendant challenged only the substantive reasonableness of his sentence. The Court of Appeals found that the sentence was substantively reasonable.