Guideline Sentence Held To Be Reasonable

U.S. v. Salome-Gonzalez, 2006 WL 895492 (4/7/06)(unpub'd) - A bad sign for any challenge to a d.ct.'s excessive deference to the guidelines. The 10th avoided addressing whether the judge was right to refuse to sentence outside the guideline range absent unusual circumstances. Instead, the 10th just held the sentence in the instant case was reasonable. "Sentencing must be an individual endeavor. Regardless of the district court's enthusiasm for the Guidelines, sound reasons were apparent for the sentence imposed, including the need to avoid disparities and the seriousness of the drug crime as reflected in the quantity involved." Importantly, the 10th held the Kristl presumption of reasonableness, although an appellate standard, "informs what role the guidelines have in a district court's sentencing procedure."