US v. Lopez-Reyes, No. 09-1243
District court's imposition of 46-months' imprisonment and three years of supervised release on a defendant convicted of illegally reentering the United States subsequent to a conviction for the commission of an aggravated felony is affirmed where: 1) it is apparent that the district court was aware of the discretionary nature of the Guidelines and its authority to impose a sentence outside of the prescribed range, but it had no obligation to exercise that discretion in favor of the defendant; and 2) defendant's sentence is substantively reasonable.
Read US v. Lopez-Reyes, No. 09-1243
On Appeal from the United States District Court for the District of New Jersey
Opinion Filed January 5, 2010
Before: Rendell, Barry and Chagares, Circuit Judges
Opinion by Circuit Judge Barry
For Appellant: Christopher H. O'Malley, Office of the Federal Public Defender
For Appellee: George S. Leone, John F. Romano, Office of the US Attorney
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