U.S. Court of Appeals for the Second Circuit
Downward Departure — Government Motion
United States of America v. Shand
Judges Pooler, Parker and Wesley
Background: The defendant appealed his sentence of 77 months’ imprisonment following his plea of guilty for illegal reentry into the United States. The government moved for a four-level downward department of his sentencing guidelines range. The motion was denied. The defendant argued that the court is required to depart pursuant to an appropriate government motion.
Ruling: The Second Circuit affirmed the sentence. The court found that the plain meaning of the relevant text in the sentencing guidelines made the downward departure discretionary. In addition, given the defendant’s criminal history, the sentence was not overly harsh.
Avrom Robin of London & Robin for the defendant-appellant; Mararet E. Gandy, assistant United States attorney, for the appellee