Fifth Circuit: Oscar Gomez v. USPC

Sentencing


Although the court lacks jurisdiction to consider a procedural challenge to a refusal to depart downwards from sentencing guidelines when setting a sentence that has been partially served abroad, it has jurisdiction to review the substantive reasonableness of the refusal to allow a downward departure.

No abuse of discretion, though, given presumption of reasonability and procedural consideration of the possibility of torture abroad.

Oscar Gomez v. USPC