Friday, July 11, 2014

Sentencing court can consider length of mandatory gun sentences when determining a reasonable sentence

U.S. v. Smith, -- F.3d --, 2014 WL 2922703 (10th Cir. 6/30/14) - district courts may consider the length of mandatory gun count sentences when imposing sentence for an underlying crime of violence. Mr. Smith received a 35-year prison term under ยง 924(c) for use of a gun during two robberies--meaning he would be 55 years old by the time he's eligible for release. The Tenth rejects the government's argument that the district court could not take that into account when sentencing for the underlying crime and remands for resentencing.