United States v. Garcia, No. 14-2368 (7th Cir. 2015)
Annotate this CaseGarcia pled guilty to two counts of distribution of heroin, 21 U.S.C. 841(a)(1) and (b)(1)(C). The court found that Garcia had a Criminal History Category of V and a total offense level of 19, which led to a guideline range of 57 to 71 months. The government recommended a sentence of 120 months’ imprisonment, arguing that Garcia’s criminal history was almost that of a career offender and the career offender guideline range was approximately 151 to 188 months. Garcia’s counsel recommended a sentence at the low end of the range, 57 months, and argued that Garcia’s traumatic childhood and his acceptance of Christianity were strong factors in mitigation. Defendant also made a statement in allocution that addressed both of those mitigating factors. The district court sentenced Garcia to 108 months and imposed three years of supervised release without any consideration of the section 3553(a) sentencing factors. Garcia presents three issues on appeal. The Seventh Circuit remanded. The court adequately explained why an above-range sentence was appropriate, but made no statement of reasons justifying the non-mandatory conditions of supervised release or the length of the term of supervised release.
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