United States v. Fraga, No. 12-40302 (5th Cir. 2013)
Annotate this CaseDefendant appealed his sentence and lifetime term of supervised release following a guilty plea to failing to register as a sex offender. The court found that the sentencing judge adequately explained her reasons for rejecting defendant's mitigating evidence and imposing an upward variance on the term of imprisonment. Therefore, defendant's sentence was procedurally reasonable. Likewise, the court held that the 27 months of imprisonment was substantively reasonable where the sentencing judge did not abuse her discretion by determining that defendant's willingness to cooperate did not mitigate his offense or criminal history, and in giving significant weight to defendant's criminal history and its characteristics. The court held, however, that the order regarding the lifetime term of supervised release must be vacated because the sentencing judge did not give reasons for her decision.
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