U.S. v. Garcia

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 14-2368
Decision Date: 
October 29, 2015
Federal District: 
S.D. Ill.
Holding: 
Remanded
Defendant was entitled to new sentencing hearing on his drug distribution conviction, where Dist. Ct. imposed 108-month term of incarceration, as well as three-year term of supervised release. While Dist. Ct. provided sufficient justification to impose above guideline sentence, Dist. Ct. committed procedural error, when it orally stated that it intended to impose sentence that was 27 months above high end of guideline range, when instant sentence was actually 37 months above said guideline range. Also, remand was required with respect to imposition of term of supervised release, where Dist. Ct. had failed to provide any justification for imposition of non-mandatory conditions of supervised release or for length of term of supervised release.