United States v. Shand, No. 13-227 (2d Cir. 2014)Annotate this Case
Defendant, a Jamaican citizen, pleaded guilty to illegal reentry into the United States. On appeal, defendant challenged his sentence of 77 months' imprisonment, arguing that the district court lacked the authority to deny the Government's motion for a departure under U.S.S.G. 5K3.1. The court affirmed, concluding that the plain text of section 5K3.1 foreclosed defendant's arguments and holding that a district court may, but need not, depart downward upon an appropriate motion by the Government under section 5K3.1.