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.   

Read US v. Novales, No. 07-3663

Appellate Information

Argued: December 3, 2009

Decided and Filed: December 16, 2009

Judges

Opinion by Circuit Judge Gilman

Counsel

For Appellant:   Erik Jameson Clark, Douglas R. Cole, Allison E. Haedt, Jones Day

For Appellee:    Lawrence J. Whitney, Burdon & Merlitti