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US v. Herrera-Zuniga, No. 08-1540

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.

Read US v. Herrera-Zuniga, No. 08-1540

Appellate Information

Argued: April 23, 2009

Decided and Filed: July 8, 2009


Opinion by Judge Clay


For Appellant:

Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, MI

For Appellee:

Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, MI