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January 18, 2006

Ninth Circuit affirms another within-guideline sentence

The Ninth Circuit today issued a brief decision affirming as reasonable a sentence at the top of the applicable guideline range in US v. Plouffe, No. 05-30043 (9th Cir. Jan. 18, 2006) (available here).  Plouffe not only keeps us waiting still for a single within-guideline sentence to be deemed unreasonable after Booker, but it also has this notable passage about co-defendant disparity:

That Plouffe's sentence is nearly twice as long as the 37-month sentence imposed on his co-defendant, Mad Plume, is not grounds for finding that Plouffe's sentence is unreasonable, as urged by Plouffe.  Rather, this result is consistent with the directive of Booker that sentencing courts are to consider how the sentencing factors apply to each defendant and determine whether an individualized sentence is warranted.  Because Plouffe's criminal history was different from that of his co-defendant, the district court had a reasonable basis under the advisory Sentencing Guidelines for the difference in the sentence each received, and this difference does not require relief for Plouffe.

January 18, 2006 at 01:26 PM | Permalink


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