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A few 10th Circuit cases:

By Shari Allison

U.S. v. Pruitt, 2008 WL 4218798 (9/16/08) (unpub'd) - On remand from the S. Ct. to reconsider in light of Gall, the unanimous panel rules its original decision that applied a deferential abuse-of-discretion standard to uphold a within-Guidelines sentence was consistent with Gall. This is the case where the extremely sympathetic defendant [career offender for nonviolent offenses from 1992] got a humongous sentence [292 months] for drug dealing and prompted the majority to say the sentence was at the "outer boundary" of reasonability and Judge McConnell to opine in a concurrence that the sentence seemed overly severe to him, but that he could not see how legally an appellate court could ever overturn a within-guideline sentence for substantive unreasonability...continue to full post

Full post as published by Tenth Circuit Blog on September 23, 2008 (boomark / email).