United States v. Lozoya
623 F.3d 624
| 8th Cir. | 2010Background
- Lozoya and Galarza-Payan, inmates at FCI Forrest City, participated in a brutal attack that killed Lopez-Alvaredo.
- Lozoya held Lopez-Alvaredo’s arms; Galarza-Payan struck Lopez-Alvaredo in neck and head; they attempted to hide/destroy evidence.
- Lopez-Alvaredo died three days after the attack; Lozoya and Galarza-Payan pleaded guilty to voluntary manslaughter under 18 U.S.C. §§ 7, 1112(a).
- PSRs showed offense level 26; Lozoya (CH IV) range 92–115 months; Galarza-Payan (CH V) range 110–137 months.
- District court sentenced both to the statutory maximum of 180 months, consecutively to existing sentences; both appealed as substantively unreasonable.
- Appellate court applied abuse-of-discretion review and affirmed the sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the outside-Guidelines sentences were substantively reasonable | Lozoya; Galarza-Payan contend ranges were not extraordinary; 180 months excessive | Court properly weighed 3553(a) factors and nature of offense; deviations warranted | Yes; sentences not substantively unreasonable; affirmed |
| Whether any procedural error occurred in classifying departure vs variance | No asserted procedural error; error not raised in brief | – | Waived but harmless; ultimate sentence not unreasonable anyway |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (outside-Guidelines permissible; consider factors; no need for extraordinary circumstances)
- Haack v. United States, 403 F.3d 997 (2005) (departure framework in Guidelines; Chapter Five/4A1.3)
- Solis-Bermudez, 501 F.3d 882 (2007) (departure vs. variance framework in 3553(a) matters)
- Irizarry v. United States, 553 U.S. 708 (2008) (departure vs. variance; definition of 'departure')
- Coughlin v. United States, 500 F.3d 813 (2007) (final advisory range after departures/variances)
- Miller v. United States, 479 F.3d 984 (2007) (harmless error in conflation of departure/variance where sentence not unreasonable)
- Booker v. United States, 543 U.S. 220 (2005) (court determines punishment after 3553(a) considerations; government not controlling)
- Bridges v. United States, 569 F.3d 374 (2009) (broad latitude to weigh 3553(a) factors)
- Watson v. United States, 480 F.3d 1175 (2007) (unreasonable weighing of § 3553(a) factors)