Did the Tenth Circuit err in concluding that it was barred from considering, on review for the substantive reasonableness of Mr. Diaz's sentence, the fact that his guideline range would have been markedly lower had the government acted as it routinely does in comparable cases?

QUESTION PRESENTED Did the Tenth Circuit err in concluding that it was barred from considering, on review for the substantive reasonableness of Mr. Diaz’s sentence, the fact that his guideline range would have been markedly lower had the government acted as it routinely does in comparable cases? i STATEMENT OF RELATED CASES United States v. Diaz, No. 18-cr-00553 (D. Colo.) Judgment entered June 29, 2020 United States v. Diaz, No. 20-1269 (10th Cir.) Judgment entered April 7, 2022 ii