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Tenth Circuit finds reasonable giving the guidelines "considerable weight"

By Douglas A. Berman

Providing an account of what the Supreme Court's Booker progeny means for district courts, the Tenth Circuit yesterday in US v. Zamora-Solorzano, No. 07-3205 (10th Cir. May 13, 2008) (available here) affirms a within-guideline sentence after the district court indicated it had given the guidelines "considerable weight." Here is a key passage from the ruling in Zamora-Solorzano:To begin, Rita simply held that ?the sentencing court does not enjoy the benefit of a legal presumption that the Guidelines sentence should apply.? Rita, 127 S. Ct. at 2465 (emphasis added).  Similarly, we have explained that a district court is not required to give heightened consideration to the Guidelines as a matter of course. See United States v. Smart, 518 F...continue to full post

Full post as published by Sentencing Law and Policy on May 14, 2008 (boomark / email).