United States v. Rosales-Gonzales, No. 14-50286 (9th Cir. 2015)
Annotate this CaseDefendant plead guilty for being a removed immigrant found in the United States and subsequently appealed his 27-month sentence. The parties jointly requested a fast-track departure but the district court did not grant the requests. The court held that the fast-track departure is purely discretionary, such that a joint request does not necessitate departure under the Guidelines. Accordingly, the court affirmed the sentencing and judgment because defendant's sentence was substantively reasonable.
Court Description: Criminal Law. Affirming a sentence for being a removed immigrant found in the United States, the panel held that a fast-track departure under U.S.S.G. § 5K3.1 is purely discretionary, such that the parties’ joint request does not necessitate that the district court grant it. The panel held that the district court neither committed procedural error nor imposed a substantively unreasonable sentence.
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