Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the range for a prison assault -- for which there were mitigating circumstances and that produced minimal injuries as compared to other assaults resulting in bodily injury under the guidelines -- substantively unreasonable?

QUESTION PRESENTED In Rita v. United States, 551 U.S. 338 (2007), this Court held out the promise that there would be real review of the length of within-guideline sentences. But in the dozen years that have followed, the large majority of circuits, including the Tenth Circuit from which this case originates, have never held a within-range sentence to be substantively unreasonable. The question presented here is: Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera’s sentence near the top of the range for a prison assault -for which there were mitigating circumstances and that produced minimal injuries as compared to other assaults resulting in bodily injury under the guidelines -substantively unreasonable? i