Defendant's sentence for illegally reentering the U.S. is affirmed where: 1) the District Court had the authority to reject the Sentencing Guidelines on policy grounds; and 2) because the Guidelines are advisory only, the particular methodology set forth in U.S.S.G. section 4A1.3 is not binding.
Argued: April 23, 2009
Decided and Filed: July 8, 2009
Opinion by Judge Clay
Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, MI
Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, MI