What is the case law on the basis of a finding that the District Court abused its discretion by imposing a disproportionate sentence on a doctor convicted of unlawfully distributing drugs?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rachels, 820 F.2d 325 (9th Cir. 1987):

Rachels' contention that the district court abused its discretion by imposing a "disparate sentence" lacks merit. Rachels' argument, made without citing authority, is that the district court had a duty to sentence him to the same punishment meted out by other judges to other doctors convicted of unlawfully distributing drugs. This argument borders on frivolity. The record amply indicates the district court's consideration of both mitigating and aggravating factors in sentencing Rachels. See Barker, 771 F.2d at 1365; United States v. Lopez-Gonzales, 688 F.2d 1275, 1277 (9th Cir.1982). The record fails to indicate that the district court was aware of what other sentences were imposed on similar defendants. There appears no abuse of discretion

Page 329

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