In U.S. v. Valnor, No. 05-15701 (June 6, 2006), the Court rejected a reasonableness challenge to a 28-month sentence imposed on a defendant convicted of violating 18 U.S.C. § 1028(f) by conspiring to produce identification documents without lawful authority.
Valnor’s offense consisted of issuing fraudulent driver’s licences to illegal immigrants in the South Florida area. The 28-month sentence reflected a downward departure for cooperating with the government’s investigation, but also an upward departure because the crime involved was more serious than the Guideline range indicated, because identification documents are important to the country’s security.
Reviewing the sentence, post-Booker, for reasonableness, the Court found that the district court properly addressed the seriousness of the offense, consistent with 18 U.S.C. § 3553(a)(2), and the need to protect society from middlemen like Valnor. Further, the sentence was well below the statutory maximum. "The district court properly fulfilled its role in considering the Guidelines, but found the Guidelines range to be inadequate to accomplish the statutory goals of providing adequate deterrence and protecting the public from further crimes."
