Supreme Court Grants Cert, Vacates Sentencing Opinion
The Supreme Court today granted cert in a 10th Circuit sentencing guideline case. (Order here, pdf). The case is U.S. v. Garcia-Lara, 499 F.3d 1133 (10th Cir. 2007). It was a terrible decision that held district courts have to find something unusual about the defendant or his case in order to vary from the Guidelines. It's a meth case where the trial court departed below the guidelines to impose 140 months and the 10th Circuit reversed. (See below the fold for facts.)
Not only did the Supreme Court today accept cert on the case, it vacated the opinion and remanded the case for further proceedings in light of Gall v. U.S. The Supreme Court case number is 07-9799.
[Hat tip to the Colorado Federal Defender's office for the information.]
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