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Variance from 57 months to 5 years probation affirmed

By Shari Allison

United States v. Sayad, ___ F.3d ___ , 2009 WL 4912298 (10th Cir 2009) Affirmance on substantive and procedural reasonableness grounds of sentence of 5 years probation, a variance from the low end of the advisory guidelines, if calculated in a manner most favorable to defendant, of 57 months. Defendant had pleaded guilty to interstate travel in aid of racketeering in a drug case where he was stopped on the interstate transporting 11 kg of cocaine. The district court referred to the Defendant?s Iranian-Christian heritage as a mitigating factor, speculating that in that community he would face more scorn for, yet more guidance to address his misdeeds. Acknowledging confusion in the area, the COA notes but does not decide whether any impropriety of considering this under 18 USC § 3553 raises a procedural reasonableness issue...continue to full post

Full post as published by Tenth Circuit Blog on December 23, 2009 (boomark / email).