Giving “heavy weight” to sentencing guidelines does not violate Booker rule

SENTENCING United States v. Terrell, No. 05-1231, ___ F.3d ___ (10th Cir. Apr. 20, 2006)(Colorado). Appeal of sentence for distributing phencyclidine (PCP) and crack cocaine. HELD: District court did not err in giving “heavy weight” to sentencing guidelines calculation in sentencing decision. Continuing importance of guidelines in fashioning reasonable sentences, and presumption of reasonableness of guidelines-based sentence, simply reflect that sentencing guidelines are generally an accurate application of factors listed in 18 U.S.C. § 3553(a). Nonetheless, even after United States v. Booker, 543 U.S. 220 (2005), either defendant or government may rebut presumption of reasonableness of guideline sentence by demonstrating sentence is unreasonable when viewed against other factors listed in § 3553(a). Read the opinion here.