Is a failure of a sentencing judge to start the calculation of a sentence by considering the applicable sentencing Guidelines grounds for reversal for resentencing?

MultiRegion, United States of America

The following excerpt is from United States v. Davis, 825 F.3d 1014 (9th Cir. 2016):

Indeed, the failure of a sentencing judge to start the calculation of a sentence by considering the applicable sentencing Guidelines is in itself grounds for reversal for resentencing. See Gall , 552 U.S. at 51, 128 S.Ct. 586 (instructing that appellate courts must first ensure that the district court committed no significant procedural error, such as failing to calculate ... the Guidelines range); United States v. Denton , 611 F.3d 646, 651 (9th Cir. 2010) (explaining that [a] failure to calculate the correct advisory range constitutes procedural error justifying reversal and remand for resentencing); United States v. Hammons , 558 F.3d 1100, 1106 (9th Cir. 2009) (holding that a sentencing court committed plain error by failing to ... calculate the app[licable] guideline range

[825 F.3d 1039]

and vacating and remanding for resentencing).

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