DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081368P.pdf 05/04/2009 United States v. Herbert Molina
U.S. Court of Appeals Case No: 08-1368
U.S. District Court for the District of South Dakota
[PUBLISHED] [Gruender, Author, with Murphy and Riley, Circuit Judges]
Criminal Case - sentence. District court did not plainly err in sentencing
Molina to 96 months without considering, sua sponte, the cost of his
prison sentence and the amount of dollars that might be saved by
imposing a lesser sentence and did not err in considering that he would be
deported after serving his sentence. District court did not abuse its
discretion in weighing the relevant factors and in imposing sentence at
top of advisory guidelines range.