United States v. Khan
United States v. Khan
Opinion of the Court
SUMMARY ORDER
Defendant Hafiz Khan (“Khan”) pleaded guilty to one count of illegal reentry to the United States. See 8 U.S.C. § 1326(a), (b)(2). He now appeals from a judgment entered by the district court on December 23, 2005 sentencing him to, inter alia, 77 months’ incarceration. We assume familiarity with the facts and procedural history of this case.
Khan claims no defect in the procedure by which he was sentenced and argues only that his sentence, which was at the low end of the advisory Guidelines range properly calculated by the district court, was substantively unreasonable.
Here, Khan argues that it was unreasonable for the district court to give a Guidelines sentence in light of: (1) several
Accordingly, the judgment of the district court is AFFIRMED.
. Below, Khan also argued for a departure under the Guidelines for the same reasons he now argues compel a non-Guidelines sentence. On appeal, he does not appear to claim that the district court erred in not granting a departure, and in any case such an argument would not be successful. See United States v. Valdez, 426 F.3d 178, 184 (2d Cir. 2005) (district court's refusal to downwardly depart "is generally not appealable” unless the court "misapprehended the scope of its authority to depart or the sentence was otherwise illegal”).
Reference
- Full Case Name
- United States v. Hafiz KHAN, a/k/a Hasib Khan
- Status
- Published