Does a sentence that exceeds the permissible statutory penalty for sexual assault constitute an illegal sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Cecena, No. 2:14-cr-00326 JAM GGH (E.D. Cal. 2020):
codefendant does not render his sentence illegal. See United States v. Bibler, 495 F.3d 621, 624 (9th Cir. 2007) ('A sentence is illegal if it exceeds the permissible statutory penalty for the crime or violates the Constitution.')" ECF No. 122.
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