2 benchmark’ for sentencing.” United States v. Akhigbe, 642 F.3d 1078, 1084 (D.C. Cir. 2011)(quoting Gall, 552 U.S. at 49). “Then, after giving both parties an opportunity to argue for whatever sentence they deem appropriate,” the court is required to consider all of the sentencingfactors Congress identified in 18 U.S.C. 3553(a) and undertakes “an individualized assessment based on the facts presented.” Id.
(citing Gall, 552 U.S. at 49-50). In this case, as noted above,the Court has determined that the total offense level for Ring’s conduct is 23, with a guidelinesrange of 46 to 57 months of incarceration. DE 289 at 42.
II.Section § 3553 Factors Strongly Support A Guidelines Sentence
As noted above, the Supreme Court has declared that “[a]s a matter of administration andto secure nationwide consistency, the Guidelines should be the starting point and the initial benchmark.” Gall, 552 U.S. at 49. Thus, the Sentencing Guidelines remain an indispensableresource for assuring appropriate and uniform punishment for federal criminal offenses.While the Guidelines are the starting point used to ensure nationwide consistency, thisCourt must also consider all of the sentencing considerations set forth in § 3553(a). Thosefactors include: (1) the nature and circumstances of the offense and the history and characteristicsof the defendant; (2) the need for the sentence imposed to reflect the seriousness of the offense,to promote respect for the law, and to provide just punishment for the offense; (3) the need toafford adequate deterrence to criminal conduct, and to protect the public from further crimes of the defendant; (4) the need to provide the defendant with educational or vocational training,medical care, or other correctional treatment in the most effective manner; (5) the guidelines and policy statements issued by the Sentencing Commission; (6) the need to avoid unwarrantedsentence disparities among defendants with similar records who have been found guilty of
Case 1:08-cr-00274-ESH Document 292 Filed 10/11/11 Page 2 of 39