U.S. v. PHO

Nos. 05-2455, 05-2461.

433 F.3d 53 (2006)

UNITED STATES of America, Appellant, v. Sambath PHO, Defendant, Appellee. United States of America, Appellant, v. Shawn Lewis, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 5, 2006.


Attorney(s) appearing for the Case

Donald C. Lockhart, Assistant United States Attorney, with whom Robert Clark Corrente, United States Attorney, Lee Vilker and Peter F. Neronha, Assistant United States Attorneys, were on brief, for appellant.

Edward C. Roy, Jr., Assistant Federal Public Defender, for appellee Pho.

Kevin J. Fitzgerald, Assistant Federal Public Defender, for appellee Lewis.

Before SELYA, LIPEZ and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

In these consolidated appeals, we are called upon to answer a vexing question of first impression at the appellate level: May a federal district court, consistent with the teachings of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), impose a sentence outside the advisory guideline sentencing range based solely on its categorical rejection of the guidelines' disparate treatment...

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