Thursday, December 20, 2007
Ind. Decisions - 7th Circuit issues Indiana-based meth sentencing decision today
Although the Circuit Court is in recess until Jan. 7th, opinions are still being issued.
In U.S. v. Mendoza (ND Ind., Judge Sharp), an 11-page opinion, Judge Rovner writes:
A jury found José Mendoza guilty of distributing amphetamine in violation of 21 U.S.C. § 841(a)(1). Mendoza challenges the sufficiency of the government’s evidence against him and the district court’s procedure for identifying alternate jurors. He also argues that the district court erroneously presumed that a sentence within the guidelines range would be reasonable. We affirm. * * *
Mendoza’s final contention is that the district court erroneously presumed that it should impose a sentence within the guidelines range. Whether the district court followed the proper procedures after United States v. Booker, 543 U.S. 220 (2005), in imposing sentence is a question of law we review de novo. United States v. Tyra, 454 F.3d 686, 687 (7th Cir. 2006). * * *
As there is no indication in the sentencing memorandum that the district court presumed that a sentence within the guidelines range would be reasonable, we find no error in the district court’s imposition of sentence.
Posted by Marcia Oddi on December 20, 2007 11:54 AM
Posted to Ind. (7th Cir.) Decisions