United States v. Paulino-Duarte, No. 11-1852 (8th Cir. 2012)
Annotate this CaseDefendant plead guilty to illegal reentry after removal and subsequently appealed his 77-month prison sentence as substantively unreasonable. Given defendant's extensive criminal history and weak claim of cultural assimilation, the district court did not abuse its discretion in sentencing defendant to the bottom of the advisory guidelines range. The court also held that lack of a fast-track program was not a basis for a departure under U.S.S.G. 5K3.1 and the district court committed no plain error on that issue. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - sentence. District court did not abuse its discretion in sentencing defendant to 77 months, the bottom of the advisory guidelines range, based on defendant's extensive criminal history and weak claim of cultural assimilation. Lack of fast-track program is not a basis for a departure under section 5K3.1.
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