[T][U] United States v. Marquez

MEMORANDUM* FACTS AND PROCEEDINGS BELOW Defendant/Appellant in this action, Mary Jean Marquez (Marquez), pleaded guilty
to importing marijuana, in violation of 21 U.S.C. §§ 952, 960. Although the applicable Guideline range
at the time of Marquez's initial sentencing was 18 to 24 months' custody, the district court sentenced Marquez to three years'
probation. Thereafter, Marquez admitted violation of probation. Section 7B1.4 of the United States Sentencing Guidelines provided
a range of 15 to 21 months' custody for Marquez's probation violation grade and criminal history level. The district court
sentenced Marquez to 24 months' custody, three months more than provided for by the Guidelines' policy statement. The district
court did not provide specific reasons for the longer sentence. Marquez appealed. On the government's motion, we issued an
order vacating Marquez's sentence and remanded to the district court for further sentencing proceedings. The district court reimposed the same sentence, 24 months' custody. It reasoned that 18 U.S.C. § 3565(a)(2) authorized
it to impose a sentence that was available at the time of the initial sentencing.1 The district court maintained that,
because the sentence was authorized by statute, the 24 month sentence was not a departure and did not require explanation.
Marquez appeals that sentence and we affirm.