District court may afford considerable weight to sentencing guidelines but may not apply presumption of reasonableness to guidelines
SENTENCING United States v. Zamora-Solorzano, No. 07-3205, ___ F.3d ___ (10th Cir. May 13, 2008)(Kansas). Appeal of sentence for conspiracy to possess methamphetamine with intent to distribute and using firearm in furtherance of drug trafficking in violation of 21 U.S.C. § 841(a), 18 U.S.C. § 2, and 18 U.S.C. § 924(c). HELD: Rita v. United States, ___ U.S. ___, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007), does not preclude district court from affording considerable weight to a guidelines sentence in any given case. Rather, Rita prohibits application of legal presumption that guidelines sentence should apply. gravitational pull [towards a Guidelines sentence at the district court level] that reduces sentencing disparity-so long as it does not rise to the level of mandate-is neither unconstitutional nor undesirable. Read the opinion here. |
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