US v. Novales, No. 07-3663
District court's imposition of 100 months' imprisonment on a defendant convicted, after a guilty plea, of conspiracy to possess with intent to distribute cocaine is reversed and remanded as the district court committed a clear procedural error in failing to calculate defendant's appropriate Guidelines range, and as such the sentencing hearing was procedurally unreasonable under Gall.
Argued: December 3, 2009
Decided and Filed: December 16, 2009
Opinion by Circuit Judge Gilman
For Appellee: Lawrence J. Whitney, Burdon & Merlitti
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