Federal Rules Of Criminal Procedure

1350 Words6 Pages
COMES NOW the Defendant, Josue Emmanuel Rivera-Lemus, by and through counsel, Vernida R. Chaney, and pursuant to18 U.S.C. § 3553(a), Rule 32 of the Federal Rules of Criminal Procedure, Section 6A1. 2 the United States Sentencing Commission, Guidelines Manual (“U.S.S.G.” or the “Guidelines”), United States v. Booker, 543 U.S. 220 (2005), United States v. Hughes, 401 F.3d 540 (4th Cir. 2005), and this Court’s Policy Regarding Procedure to be followed in Sentencing, represents that he has reviewed the Probation Office’s Presentence Investigation Report and submits the Defendant’s Position with Respect to Sentencing to aid the Court in determining an appropriate sentence. I. LEGAL STANDARD In United States v. Booker, 543 U.S. 220 (2005), the Supreme Court held the Sentencing Guidelines are purely advisory and required that sentencing courts consider both the Guidelines and the 18 U.S.C § 3553(a) factors in sentencing. Id. at 264. Pursuant to 3553, the court shall impose a sentence “sufficient, but not greater than necessary” to comply with the purpose set forth in subsection (2); (a) to reflect the seriousness of the offense, promote respect of the law, and to provide just punishment for the offense, (b) to afford adequate deterrence to criminal conduct, (c) to protect the public from further crimes of the defendant, and (d) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
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