Federal Judiciary

United States v. Peguero, No. 07-2306-CR., 2009 WL 2524006 (2d Cir. Aug. 19, 2009)

Peguero appealed from a judgment sentencing him to 50 months imprisonment.  At sentencing the district court stated: "I have the ability to do justice and depart [or impose] a sentence independently of the Guidelines, but my opinion is that that is reserved for really special situations, and I even then take the Guidelines into serious consideration."  From the Second Circuit's viewpoint, that statement crossed the line.  Specifically, the Second Circuit found that "the district court presumed that the Guidelines sentence was reasonable," and therefore committed procedural error.