United States v. Munroe, No. 05-3806CR, 05-2807CR, 2006 WL 354640 (2d Cir. Feb. 14, 2006)
In one of what is surely to be a series of decisions affirming Guidelines sentences as reasonable, the Second Circuit affirmed a 77 month sentence as reasonable for illegal reentry where the Guidelines range was 77 to 96 months.
Of interest in Munroe, however, is the dicta concerning circuit courts' jurisdiction to review district court sentences that have properly considered all 3553(a) factors and that are within the Guidelines range for the sentence. A movement is afoot in which the Government has argued that appellate courts have no jurisdiction to review within Guidelines sentences if a district court properly considered all of the 3553(a) factors. In Munroe, the Second Circuit hinted that it would reject such an argument, as numerous other circuit courts already have. Specifically, the Second Circuit stated that it "assum[ed] arguendo" that it had jurisdiction to review Munroe's sentence.