Presumption of reasonableness of sentence cannot be overcome by alleging that inconsistencies may exist with sentences given other defendants

SENTENCING United States v. Tindall, No. 07-8038, ___ F.3d ___ (10th Cir. Mar. 3, 2008)(Wyoming). Appeal of sentence for assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. HELD: Defendant cannot overcome presumption of reasonableness of sentence by pointing out that some alleged inconsistencies exist in how other defendants may have been sentenced within circuit. Title 18 U.S.C. § 3553(a)(6) speaks in terms of needing to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. Because defendant failed to explain how his circumstances, criminal history, and conduct are similar to those with whom he seeks to draw a comparison, court of appeals cannot meaningfully decide whether alleged disparities are truly unwarranted. Read the opinion here.