U.S. v. Garcia-Oliveros

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 10-2748
Decision Date: 
April 29, 2011
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
Defendant was entitled to new sentencing hearing on charge of alien being in US without authorization after having been removed, where Dist. Ct. failed to provide any explanation for imposing within-guideline range sentence of 46-month term of incarceration. Ct. also noted that Dist. Ct. made no mention of defendant's request for below-guideline sentence based on certain factors in mitigation.