Legal Opinion · Dissent

United States v. Collins Christensen

Court of Appeals for the Ninth Circuit

Decided October 11, 2013No. 11-10562Published

1DissentTashima, Circuit Judge

We review a district court’s sentencing decisions for abuse of discretion, thus affording district courts a substantial degree of deference. But, as we recently observed en banc, “[t]he abuse of discretion standard is deferential, but it does not mean anything goes.” United States v. Ressam, 679 F.3d 1069, 1087 (9th Cir.2012) (en banc). And, as the Supreme Court has observed in a related context, we should “not indulge [in] post hoc rationalization” of the sentencing court’s “decisionmaking that contradicts the available evidence .... ” Harrington v. Richter, — U.S. -, 131 S.Ct. 770, 790, 178…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. MarcusSupreme Court of the United States · 2010

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