Fifth Circuit Again Reverses Sentence As Substantively Unreasonable

In 2015, the government charged a Houston man with helping one of his friends join ISIS. He pleaded guilty and is sentenced. District court (2018): Eighteen months' imprisonment. Fifth Circuit (2019): District court wrongly held that the sentencing guidelines' terrorism enhancement did not apply. Remanded for resentencing. District court (2019): Enhacement applied. Eighteen months' imprisonment. Fifth Circuit (2021): District court didn't get the hint before. That sentence is substantively unreasonable. Remanded for another resentencing. "And because the sentencing judge seems immovable from his views of the sentence  he  imposed," we're sending this to a different judge.

The case is United States v. Khan, 20-20030 (5th Cir. May 6, 2021).