Sentence 34 months above applicable guideline range is reasonable where guideline calculation underestimates defendant’s culpability
SENTENCING United States v. Shaw, No. 05-6074, ___ F.3d___ (10th Cir. Dec. 6, 2006)(W.D. Oklahoma). Appeal of sentence for bank robbery. HELD: Defendant’s 105 month sentence, 34 months above applicable guideline range, was not unreasonable. Sentence was reasonable in light of district court’s reasoning that guideline calculation underestimated defendant’s culpability because it didn’t account for defendant’s primary involvement in robbery victim’s injuries or defendant’s prompt reentry into crime after ending probation. Read the opinion here. |
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