USA v. Sanches, No. 22-11178 (5th Cir. 2023)
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Defendant contested her convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the sentence imposed on her resulting from these convictions. She argued that these convictions run afoul of In New York State Rifle & Pistol Ass’n, Inc. v. Bruen,(“Bruen”), and that her upwardly varying sentence was substantively unreasonable.
The Fifth Circuit affirmed. The court explained that Defendant’s arguments concerning her convictions failed plain error review because there was no clear or obvious error, and the District Court did not abuse its discretion in imposing an upwardly varying sentence. The court explained that the district court gave a fulsome explanation of the reasons underpinning its decision to vary on Defendant’s sentence. The court explained that it made clear that it was prepared to upwardly vary even more but for the very factors to which Defendant says it did not give sufficient weight. According to the district court, the “sentence would be much higher” had it not considered these factors. Moreover, the court explained that the sentence imposed was well within a reasonable variance from the guidelines. It was only 36 months above the top of the guidelines range and 15 years below the statutory maximum sentence.
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