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Home / Opinion Digests / Criminal – Sentencing – Guidelines Presumption – Illegal Entry (access required)

Criminal – Sentencing – Guidelines Presumption – Illegal Entry (access required)

A district court’s comment that it was “obligated” to give a defendant a guidelines sentence unless there was a reason for departure smacks of an “impermissible presumption,” the 4th Circuit says, and it remands for resentencing. Appellant Dario Mendoza-Mendoza, a citizen of Mexico, pled guilty to one count of illegal entry into the United States following ...