Mandatory application of sentencing guidelines and resulting sentence at bottom of guidelines range is not necessarily reversible Booker error

SENTENCING United States v. Williams, No. 04-3180, ___ F.3d ___ (10th Cir. Dec. 19, 2005)(Kansas). Appeal of sentence for distribution of mixture containing detectable quantity of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). HELD: District court committed non-constitutional Booker error by applying federal sentencing guidelines as mandatory. However, where district court sentenced defendant at bottom of applicable guidelines range and there was nothing else in record indicating that court was unhappy with sentence or would have been inclined to impose lower sentence had it realized it had discretion to do so, district court’s error does not warrant resentencing as miscarriage of justice under plain error test. Read the opinion here.