United States v. Juarez

Defendant was convicted of brandishing a firearm and subsequently appealed his ten-year sentence. The court concluded that there is uncertainty in the record as to whether the district court intended to impose an upward departure or variance or erroneously believed that the ten-year sentence was within the Sentencing Guidelines, and the government has not shown that any procedural error was harmless. Accordingly, the court vacated the sentence and remanded for resentencing. View "United States v. Juarez" on Justia Law