United States v. Wiseman

BRISCOE, Chief Judge.

This is a direct appeal by Tina Patricia Wiseman following her guilty plea to one count of conspiring to distribute oxycodone, in violation of 21 U.S.C. §§ 841, 846. The district court calculated her guideline range to be 57-71 months, but sentenced her to a below-range sentence of 48 months. Wiseman argues on appeal that the district court committed procedural error by refusing to consider the disparity between her sentence and similarly situated defendants sentenced in Utah state court. She sought a downward variance with a resulting sentence of a short prison term, if…