United States v. Salazar, No. 11-3014 (10th Cir. 2011)
Annotate this CaseDefendant Shaun Salazar pled guilty to being a felon in possession of a firearm. The district court sentenced him to 115 months imprisonment. He appealed his sentence, claiming the district court erred in calculating his offense level and in imposing an unreasonable sentence. In affirming the district court's calculation of Defendant's sentence, the Tenth Circuit concluded that Defendant had "not rebutted the presumption of reasonableness. Contrary to his argument, his crime was not 'fairly mitigated'; rather, his extensive criminal history, possession of a firearm with an obliterated serial number, and decision to abscond fairly demanded a condign sentence. Even if the guidelines might occasionally produce an unreasonable sentence in a case presenting substantial mitigating factors, this is not such a case. There was no abuse of discretion."
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