Reasonableness of sentence is determined by reasonableness of length of sentence and reasonableness of method by which sentence was calculated

EVIDENCE/SENTENCING United States v. Hall, No. 05-1205, ___ F.3d ___ (10th Cir. Jan. 23, 2007)(Colorado). Defendant’s appeal of conviction and sentence for possession of crack cocaine with intent to distribute and conspiracy and aiding-abetting conspiracy to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii), 846, and 18 U.S.C. § 2. Government’s cross–appeal of defendant’s sentence. HELD: (1) District court did not abuse discretion in admitting shotgun and ammunition into evidence even though firearm and ammunition were seized in vehicle outside defendant’s residence and not linked to any alleged drug transaction. Items such as firearms, large sums of cash, and uncharged quantities of illegal drugs are tools of the trade in distribution of illegal drugs. As such, they are probative of defendant’s participation in drug distribution business. (2) Where evidence consisted of transcripts of telephone calls orchestrating drug transaction and videotape of defendant entering and leaving truck of other drug dealer, evidence was insufficient to support conviction on count alleging possession of cocaine with intent to distribute. If prosecution does not present evidence of drug possession (e.g., analysis of chemical composition of some seized narcotic substance), its circumstantial evidence must include some testimony linking defendant to an observed substance jury can infer to be narcotic. (3) Appellate review of reasonableness of sentence requires review of reasonableness of length of sentence as well as reasonableness of method by which sentence is calculated. Sentence is not reasonable if method by which it was calculated is unreasonable. Ordinarily, procedural irregularity in calculating sentence occurs when district court determines applicable guidelines range. However, where district court’s method of applying 18 U.S.C. § 3553(a)’s sentencing factors to fashion below-guidelines sentence is unreasonable (i.e., unexplained), such error renders resulting sentence unreasonable. Read the opinion here.