Carlos Troche-Alvarado v. United States
Privacy
Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution's recommended sentence, without providing any coherent explanation for the chosen sentence beyond an erroneous factual basis and a rote recitation of the required sentencing factors
QUESTION PRESENTED The question presented is as follows: The First Circuit held that the district court did not abuse its discretion when it imposed an above-Guidelines sentence, which also exceeded the prosecution’s recommended sentence, after relying on an erroneous fact as the justification for the excessive sentence and then, once the error was called to its attention, providing no other meaningful justification for the above-Guidelines sentence. The question presented in this petition is: Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution’s recommended sentence, without providing any coherent explanation for the chosen sentence beyond an erroneous factual basis and a rote recitation of the required sentencing factors.