Zachery Joseph Cooley, aka Red v. United States
Securities Immigration
When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the guideline range based on the bare statement of the sentencing judge that the sentence would have been awarded regardless of any guideline error?
QUESTION PRESENTED This Court recently reaffirmed that consideration of a defendant’s Guideline range is a necessary factor that a sentencing judge must consider under 18 U.S.C. § 3553, and that “[b]efore. a court of appeals can consider the substantive reasonableness of a sentence, ‘[i]t must first ensure that the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range.’ Gall, 552 U.S., at 51, 128 S.Ct. 586.” Rosales-Mireles v. United States, 138 S. Ct. 1897, 1910 (2018) (quoting Gail v. United States, 128 S. Ct. 586, 597 (2007). The question presented by the Petition is: When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the guideline range based on the bare statement of the sentencing judge that the sentence would have been awarded regardless of any guideline error. i