(DOWNLOAD) "United States v. Arroyo" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Arroyo
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 17, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant Robert L. Arroyo ("Arroyo") appeals his sentence of fifty-one months imprisonment followed by a three-year supervised release imposed by the district court pursuant to a plea agreement reflecting Arroyos admission to possessing one thousand or more marijuana plants in violation of 21 U.S.C. § 841(b)(1)(A)(vii). Arroyo was originally sentenced shortly after his plea agreement to a term of forty-one months imprisonment followed by a term of three years of supervised release. After this sentencing, the government filed a motion to correct the sentence, pursuant to Federal Rule of Criminal Procedure 35(a), contending that it was clear error for the district court to have sentenced Arroyo below the statutory mandatory minimum sentence. The district court thereafter recalculated Arroyos sentence to incorporate the mandatory minimum. Arroyo appeals the revised sentence, contending that the district court erred in granting the governments Rule 35(a) motion and, furthermore, that the district court sentenced him in violation of United States v. Booker, 125 S.Ct. 738 (2005). Because the district courts decision to resentence Arroyo exceeded its authority pursuant to Rule 35(a), we vacate the sentence and remand the matter to the district court with instructions to reinstate Arroyos original sentence.
 "United States v. Arroyo" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free){kind=link}