Background
Miguel Angel Sierra-Torreblanca pleaded guilty to possession of child pornography and illegal reentry. The district court imposed a one hundred and eighty month term of imprisonment, which exceeded the advisory sentencing range of eighty seven to one hundred and eight months.
The court’s reasoning
The court reviewed whether the district court abused its discretion in imposing an upward variance. The district court addressed the factors under Section thirty five hundred and fifty three of Title eighteen of the United States Code and cited specific facts to justify the sentence. The appellate court found no abuse of discretion under the standard set forth in United States versus Fraga.
What it means going forward
The ruling reinforces that appellate courts will affirm upward variances when the district court adequately explains its reasoning based on statutory factors.
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