Aaron Clayton McVea v. United States
Environmental SocialSecurity Securities Immigration
Is a sentence imposed under the methamphetamine sentencing guideline-a guideline crafted without benefit of Sentencing Commission expertise or empirical basis—entitled to a presumption of reasonableness?
QUESTION PRESENTED Is a sentence imposed under the methamphetamine sentencing guideline-a guideline crafted without benefit of Sentencing Commission expertise or empirical basis—entitled to a presumption of reasonableness? The Fifth Circuit concluded as much. But its basis for doing so—that a guideline enjoys a presumption of reasonableness regardless of its lack of empirical basis or its promulgation without benefit of Sentencing Commission expertise—conflicts with the Second Circuit’s approach to review of sentences under such a guideline. ii PARTIES Aaron Clayton McVea is the Petitioner; he was the defendant-appellant below. The United States of America, Respondent; it was the plaintiff-appellee below. ili