Can a defendant appeal his sentence under the federal sentencing guidelines?
MultiRegion, United States of America
The following excerpt is from U.S. v. Proyect, 989 F.2d 84 (2nd Cir. 1993):
sentencing disputes under the guidelines may be appealed * * * as long as the defendant 'first present[s] * * * [his argument] to the district court for determination.' United States v. Irabor, 894 F.2d 554, 555 (2d Cir.1990). The same rule applies to claims of improper application of mandatory minimum sentences, for such sentences are applied under, not outside of, the sentencing guidelines.
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