A notable Miranda decision about sentencing
The Seventh Circuit issued a notable Miranda decision today, but this one is entirely about sentencing. Specifically, here is the first paragraph of today’s ruling in US v. Miranda, No. 06-4195 (7th Cir. Oct. 26, 2007) (available here):
Luis Miranda pled guilty to one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Miranda has a history of severe mental illness, and at sentencing, he presented considerable evidence of diminished capacity. Miranda also presented evidence in support of an argument that his criminal history category overstated the nature of his prior criminal history. He argued to the district court for a below-guidelines sentence based on several factors listed in 18 U.S.C. § 3553(a). The district court did not directly address these non-frivolous arguments and sentenced Miranda to fifty months of imprisonment, a sentence greater than the government requested. Because the district court did not address Miranda’s principal, non-frivolous arguments before sentencing, we vacate and remand for resentencing.