09-3247 U.S. v. Johnson

By: dmc-admin//July 16, 2010//

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Sentencing
Discretion

Where the sentencing court failed to explain how it calculated a higher guideline range than indicated in the PSR, the defendant must be resentenced.

"[T]he judge imposed a term of imprisonment based on a higher guideline range than that which was calculated in the PSR-without explaining how he arrived at a higher range and in spite of his statement that he was proceeding to sentencing based on the PSR's calculations. Although the record reveals that the sentencing judge believed Johnson's criminal history category was under-represented, it is unclear as to how that finding was used to calculate Johnson's sentence. Because the record does not reveal an adequate explanation of the chosen sentence, Johnson's sentence must be reversed."

Vacated and Remanded.

09-3247 U.S. v. Johnson

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Darrah, J.

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