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Guideline Range Can Be Given "Great Weight" by District Court

By Shari Allison

United States v. Zamora-Solorzano, ___ F.3d ___, 2008 WL 2035476 (10th Cir. May 13, 2008)Defendant plead guilty to possession with intent to distribute methamphetamine and possession of a firearm in connection with the drug offense, and was sentenced to the low end of the guideline range (270 months). He had requested 180 months (120 mandatory minimum on the drugs, and mandatory consecutive 60 months on the gun). 10th holds the sentence procedurally and substantively reasonable. The district court expressly disavowed that it was presuming the guideline range to be reasonable, but determined it would give the guidelines great weight in the interest of sentencing uniformity. It was not plain error for the court to give the guidelines great weight?Rita does not preclude a district court from giving considerable weight to the guidelines in a particular case...continue to full post

Full post as published by Tenth Circuit Blog on May 14, 2008 (boomark / email).