(Download) "United States v. Gapinski" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Gapinski
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 02, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant-Appellant James Edward Gapinski ("Gapinski") pleaded guilty to one count of conspiracy to manufacture more than 100 marijuana plants, in violation of 21 U.S.C. §Â§ 846, 841(a)(1), and 841(b)(1)(B)(vii). He now appeals the 120-month sentence imposed by the district court upon resentencing after we vacated his original 156-month sentence and remanded for resentencing in light of United States v. Booker, 543 U.S. 220 (2005). Gapinski argues that the district courts sentencing determination is procedurally unreasonable because the district court failed to consider and respond to his arguments for a lower sentence. Because the record does not show that the district court considered and explained its reasons for rejecting Gapinskis non-frivolous argument for a lower sentence based upon substantial assistance to the government, we VACATE Gapinskis sentence and REMAND to the district court for resentencing.