U.S. v. SMITH

No. 13-1112.

756 F.3d 1179 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Joshua Bodean SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 30, 2014.


Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender ( Warren R. Williamson , former Interim Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

J. Bishop Grewell , Assistant United States Attorney ( John F. Walsh , United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before LUCERO, GORSUCH, and HOLMES, Circuit Judges.


GORSUCH, Circuit Judge.

Must a sentencing court studiously ignore one of the most conspicuous facts about a defendant when deciding how long he should spend in prison? After a court sentences a man to many decades in prison for using a gun during a crime of violence, must the court pretend the gun sentence doesn't exist when weighing an appropriate prison term for the underlying crime of violence?

That's the blinkered view the government persuaded the district...

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