2a Guidelines sentence of 210 to 262 months.
Defendant, however, calculates his offense levelas 16,
resulting in a Guidelines range of 21-27 months—a difference of approximately 17 years.Before the Court can proceed to sentencing, it must resolve this stark conflict between the parties, for in the wake of
Booker v. United States
, 543 U.S. 220 (2005) and
Gall v. United States
, 552 U.S. 38 (2007), a set of procedural requirements have developed that governsentencing. “A district court begins by calculating the appropriate Guidelines range, which ittreats as ‘the starting point and the initial benchmark’ for sentencing.”
United States v. Akhigbe
,642 F.3d 1078, 1084 (D.C. Cir. 2011) (quoting
, 552 U.S. at 49). “Then, after giving both parties an opportunity to argue for whatever sentence they deem appropriate,” the court considersall of the sentencing factors listed in 18 U.S.C. § 3553(a)
and undertakes “an individualizedassessment based on the facts presented.”
, 552 U.S. at 49-50).
Everyone agrees that defendant’s criminal history category is I.
Although Ring has advocated against the use of the 8-level “public official” enhancement, heappears to ultimately concede that this objection is secondary to his “core position” in favor of consistency between similarly-situated co-conspirators. (Dkt. No. 272 at 14.)
Section 3553(a) states in pertinent part:The court shall impose a sentence sufficient, but not greater than necessary, tocomply with the purposes set forth in paragraph (2) of this subsection. The court,in determining the particular sentence to be imposed, shall consider--(1) the nature and circumstances of the offense and the history andcharacteristics of the defendant;(2) the need for the sentence imposed--(A) to reflect the seriousness of the offense, to promote respectfor the law, and to provide just punishment for the offense;(B) to afford adequate deterrence to criminal conduct;(C) to protect the public from further crimes of the defendant;and(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatmentin the most effective manner;(3) the kinds of sentences available;
Case 1:08-cr-00274-ESH Document 289 Filed 09/20/11 Page 2 of 42