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

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 "considerable" weight–Rita does not preclude a district court from giving considerable weight to the guidelines in a particular case. Due deference must be given to the district court decision to give the weight it regards appropriate to any of the 18 USC 3553 factors, one of which is the "advisory" guideline range.