United States v. Batts

We are asked to review the reasonableness of a sentence that deviates fifty-four percent from the advisory guidelines range. This court has never upheld such a significant variance, and will only do so if presented with a sufficient explanation. Because the district court failed to adequately articulate reasons that justify the large variance imposed, we find the sentence to be unreasonable. We thus vacate the sentence and remand for resentencing.

I

On August 3, 2004, a jury convicted Kevin Batts of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), see 18…