Monday, April 01, 2013

Post-Sentencing Guideline Change Does Not Make Defendant's Sentence Retroactively Unreasonable

U.S. v. Gutierrez-Sierra, 2013 WL 1136949 (3/20/13) (Col.) (unpub'd) - The fact that after the defendant's original sentencing the guidelines changed to advise that courts not impose supervised release terms on reentry defendants did not make a consecutive sentence for a supervised release violation substantively unreasonable. Also, the 10th troublingly justifies the district court's failure to address all the defendant's family circumstances on the grounds that the guidelines discourage consideration of such things.