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Substantive Unreasonableness Argument Rejected

By Shari Allison

US v. Chavez-Suarez, -- F.3d --, 2010 WL 761077 (10th Cir. 3/8/10) - Although the court expresses some sympathy for the substantive unreasonableness argument that the 16-level enhancement for reentry after deportation following an 11-year-old marijuana conviction resulted in an unfairly long sentence in light of the "relatively benign nature" and staleness of the marijuana conviction, the district court did not abuse its discretion in rejecting the argument. The court characterizes as "singularly unpersuasive" the government's argument to the district court that "drug trafficking is as serious as murders or child molestation or other serious types of felonies . . . even if it's a small amount [that] might not look horrendous."

Full post as published by Tenth Circuit Blog on March 09, 2010 (boomark / email).