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

Appellate Information

On Appeal from the United States District Court for the District of New Jersey

Opinion Filed January 5, 2010

Judges

Before: Rendell, Barry and Chagares, Circuit Judges

Opinion by Circuit Judge Barry

Counsel:

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