United States v. Perez
United States v. Perez
Opinion of the Court
SUMMARY ORDER
Defendant-Appellant Alejandro Perez appeals from the portion of a December 15, 2006 judgment of conviction, entered in the United States District Court for the Southern District of New York, that sentenced him to 235 months’ imprisonment for conspiracy to distribute cocaine and crack. We assume the parties’ familiarity with the facts of the case, its procedural history, and the scope of the issues on appeal.
Appellant challenges the procedural reasonableness of his sentence. We reject Perez’s general argument that the court below gave excessive weight to the Sentencing Guidelines. The record indicates that Judge Lynch understood that the Guidelines were advisory, and that he considered all the § 3553(a) factors. In doing so, the district court did not err when it decided to give “significant weight” to the Guidelines range. See Gall v. United States, — U.S.-, 128 S.Ct. 586, 596, 169 L.Ed.2d 445 (2007) (“As a matter of administration and to secure nationwide consistency, the Guidelines should be the starting point and the initial benchmark.”).
The case is REMANDED to the district court for further proceedings consistent with this order.
. Commenting on Perez’s Guidelines range, Judge Lynch stated that "this is not a case in which the extremely high sentencing guideline is an artifact of the 100 to 1 crack ratio.” This parenthetical remark, however, is not a sufficient indication that Judge Lynch would not have imposed a sentence lower than 235 months had he had the benefit of Kimbrough.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.