A sentencing court must reflect in the record that it considered a defendant's arguments and explain the basis for rejecting them to permit appellate review.
A defendant convicted of bank robbery appealed his 180-month sentence, arguing it was unreasonable under Booker and violated his Sixth Amendment rights because the district court classified him as a career offender based on prior convictions. The court held that a sentence within the advisory Guidelines range is rebuttably presumed reasonable, and a district court must articulate its reasoning to permit appellate review. Furthermore, the determination of whether prior convictions constitute crimes of violence is a legal determination appropriate for a judge. Because the district court explicitly considered the statutory sentencing factors and properly applied the law, the sentence was reasonable and constitutional.
At page 554 Obligation to explain sentencing rationale to parties and court164 citing cases“where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant's argument and that the judge explained the basis for rejecting it.”
- United States v. William Embry, No. 17-1923 (6th Cir. Mar. 30, 2018).unpublished(Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting…)
- United States v. Simmons, 587 F.3d 348 (6th Cir. 2009).published (Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant's argument and that the judge explained the basis for rejecting…)
- United States v. Simmons, 501 F.3d 620 (6th Cir. 2007).published(Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting…)
- United States v. Ming Liou, 491 F.3d 334 (6th Cir. 2007).published (This rebuttable presumption does not relieve the sentencing court of its obligation to explain to the parties and the reviewing court its reasons for imposing a particular sentence.)
- United States v. Walker, 207 F. App'x 584 (6th Cir. 2006).unpublished (This rebuttable presumption does not relieve the sentencing court of its obligation to explain to the parties and the reviewing court its reasons for imposing a particular sentence.)
- United States v. Bowen, 194 F. App'x 393 (6th Cir. 2006).unpublished (The sentencing hearing transcript reveals that the district court articulated and explained its reasons for sentencing [defendant] to a term at the higher end of the Guidelines range.)
- United States v. Sanford, 186 F. App'x 614 (6th Cir. 2006).unpublished United States v. Richardson, 437 F.3d 550, 555 (6th Cir. 2006) (“[C]ontrolling law, both before and after Booker, counsels that a judge can make factual findings about a defendant's prior convictions without implicating the Sixth Amendment…
- United States v. Jock, 239 F. App'x 126 (6th Cir. 2007).unpublished (Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting…)
- United States v. Martin Murff, No. 24-2041 (6th Cir. July 22, 2026).publishedWhen a defendant presents a non-frivolous argument for a lower sentence, “the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” United States v. R…
- United States v. Jerry Baker, No. 25-3236 (6th Cir. June 4, 2026).unpublishedUnited States v. Sweeney, 891 F.3d 232, 239 (6th Cir. 2018). -7- Here, “[t]he [district] court did not ‘simply select’ what it viewed as ‘an appropriate sentence,’ . . . but rather explicitly considered many § 3553(a) factors.” See United…
Show 121 more citing cases
- United States v. Lorenzo Watson, No. 25-3272 (6th Cir. May 15, 2026).unpublishedAnd its written order explains that the sentence was appropriate because of the “violent nature of the offenses committed while on supervision.” Between the sentencing transcript and the district court’s written order, the record is suffic…
- United States v. Daniel Lamor Major, No. 24-5605 (6th Cir. June 25, 2025).unpublishedWhether the District Court Failed to Consider Major’s Timing Argument “Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and…
- United States v. Patrick Howard Brady, No. 24-5940 (6th Cir. May 19, 2025).unpublishedThis quote is discussed as part of the substantive-reasonableness analysis in Parrish, as part of the procedural-reasonableness analysis in Jones, and as part of a mixed analysis when it originally appeared in United States v. Richardson,…
- United States v. Kurtis James VanderMolen, No. 23-1552 (6th Cir. Apr. 3, 2024).unpublishedAnd as it relates to consideration of a party’s specific and non-frivolous sentencing arguments, the “record must ‘make clear that the sentencing judge considered the evidence and arguments,’” Wallace, 597 F.3d at 805 (quoting United State…
- United States v. Antwaun Demetrius Allen, 93 F.4th 350 (6th Cir. 2024).publishedWhen “a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” United States v.…
- United States v. Jerterrius Akridge, No. 23-5085, 2024 WL 84097 (6th Cir. Jan. 8, 2024).unpublished However, we reiterate the need for district courts “to explain to the parties and 6 the reviewing court [their] reasons for imposing a particular sentence.” United States v. Richardson, 437 F.3d 550, 554 (6th Cir. 2006).
- United States v. Clarence Goodwin, 87 F.4th 321 (6th Cir. 2023).publishedAccordingly, “the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” United States v. Richardson, 437 F.3d 550, 554 (6th Cir. 2006).
- United States v. Demari Lepaul Thomas-Mathews, 81 F.4th 530 (6th Cir. 2023).published“Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” United States v…
- United States v. Travis D. Brown, No. 22-3478 (6th Cir. June 30, 2023).unpublishedThe district court thus satisfied its obligation “to communicate clearly its rationale for imposing [Brown’s] specific sentence.” United States v. Richardson, 437 F.3d 550, 554 (6th Cir. 2006).
- United States v. Kenyatta James, No. 21-6231 (6th Cir. Apr. 28, 2023).unpublishedThe sentencing court has an “obligation to explain to the parties and the reviewing court its reasons for imposing a particular sentence” in order “to permit reasonable appellate review.” United States v. Richardson, 437 F.3d 550, 554 (6th…
- United States v. Juan Carlos Arroyo, No. 21-1845 (6th Cir. Feb. 3, 2023).unpublishedWhen the defendant “raises a particular argument” for a lower sentence, “the record must reflect both that the district [court] considered the defendant’s argument” and articulated its reasoning “sufficiently to permit reasonable appellate…
- United States v. James Franklin Puckett, No. 21-5763 (6th Cir. Jan. 5, 2023).unpublishedThe district court must articulate its reasoning “sufficiently to permit reasonable appellate review.” United States v. Richardson, 437 F.3d 550, 554 (6th Cir. 2006).
- United States v. Bryan Shane Wolfe, No. 21-4204 (6th Cir. Dec. 13, 2022).unpublishedAdditionally, “when ‘a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered - 14 - the defendant’s argument and that the judge explained the basis for rejecting…
- United States v. Rocky Krupa, No. 21-1080 (6th Cir. Oct. 19, 2021).unpublishedIn determining a sentence, the district court must “consider[] all of the § 3553(a) factors,” Gall, 552 U.S. at 53 , and “communicate clearly its rationale for imposing the specific sentence,” United States v. Richardson, 437 F.3d 550, 554…
- United States v. Cody Thomas, No. 19-5525 (6th Cir. Aug. 4, 2020).unpublishedAnalysis “[W]hen ‘a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.’” Uni…
- United States v. James Moody, No. 18-3620 (6th Cir. Sept. 11, 2019).unpublishedA sentencing court always has an “obligation . . . to communicate clearly its rationale for imposing the specific sentence.” United States v. Richardson, 437 F.3d 550, 554 (6th Cir. 2006).
- United States v. Richard Parrish, 915 F.3d 1043 (6th Cir. 2019).publishedSecond, regarding disparities, Parrish contends that the district court did not consider his argument that, like others convicted of the same crime, he should receive a one-day sentence. “[W]hen ‘a defendant raises a particular argument in…
- United States v. Timothy Daniels, 641 F. App'x 481 (6th Cir. 2016).unpublishedHowever, “when ‘a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.’ ” Unit…
- United States v. Hill, 635 F. App'x 239 (6th Cir. 2015).unpublishedWe have admonished district courts that “[w]here a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained th…
- United States v. Rodrigo Macias-Farias, 601 F. App'x 419 (6th Cir. 2015).unpublishedA sentence within the advisory Guidelines range is entitled to “a rebuttable presumption of reasonableness.” United States v. Richardson, 437 F.3d 550, 553 (6th Cir.2006) (internal quotation marks and citation omitted).
- United States v. Rafael Murrey, 531 F. App'x 653 (6th Cir. 2013).unpublishedWhen a defendant “raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” United States v.…
- United States v. Ricardo Mathews, 529 F. App'x 624 (6th Cir. 2013).unpublishedWe are satisfied that the district court considered Mathews’s “arguments and [had] a reasoned basis for exercising [its] own legal decisionmaking authority.” Rita v. United States, 551 U.S. 338, 356 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007…
- United States v. Lucio Sanchez-Rosas, 527 F. App'x 451 (6th Cir. 2013).unpublishedKg., Rita v. United States, 551 U.S. 338, 356 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007) (“The sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties’ arguments and has a reasoned basis fo…
- United States v. Gary Kliebert, 508 F. App'x 535 (6th Cir. 2012).unpublishedSimmons, 501 F.3d at 625 (citing United States v. Richardson, 437 F.3d 550, 554 (6th Cir.2006) and United States v. Husein, 478 F.3d 318, 330 (6th Cir.2007)).
- United States v. Daniel Fearnow, 468 F. App'x 466 (6th Cir. 2012).unpublishedUnited States v. Richardson, 437 F.3d 550, 554 (6th Cir.2006) (internal quotation marks omitted); 18 U.S.C. § 3553 (a).
- United States v. Frederick Hogan, 458 F. App'x 498 (6th Cir. 2012).unpublishedHowever, “[w]here a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” Unit…
- United States v. Karlos Butler, 443 F. App'x 147 (6th Cir. 2011).unpublishedUnited States v. Richardson, 437 F.3d 550, 554 (6th Cir.2006).
- United States v. William Amos, 423 F. App'x 541 (6th Cir. 2011).unpublishedIn addition, in those instances where a defendant raises a non-frivolous argument in favor of a lower sentence “the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis…
- United States v. Johnny Burnette, 414 F. App'x 795 (6th Cir. 2011).unpublishedIn addition, “where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it.” Un…
- United States v. Miguel Angel Jarrillo-Luna, 478 F.3d 1226 (10th Cir. 2007).published
- United States v. Wayne Morgan Jones, 445 F.3d 865 (6th Cir. 2006).published
- United States v. Raymond Harry Ward, 447 F.3d 869 (6th Cir. 2006).published
- United States v. Alvin Vonner, 452 F.3d 560 (6th Cir. 2006).published
- United States v. Lonnie Davis, 458 F.3d 505 (6th Cir. 2006).published
- United States v. Aubrey Clark, 469 F.3d 568 (6th Cir. 2006).published
- United States v. Climmie Jones, Jr., 489 F.3d 243 (6th Cir. 2007).published
- United States v. Lucinda Calhoun, 480 F. App'x 353 (6th Cir. 2012).unpublished
- United States v. McGee, 529 F.3d 691 (6th Cir. 2008).published
- United States v. Moore, 180 F. App'x 571 (6th Cir. 2006).unpublished
- United States v. Christopher Buffington, 310 F. App'x 757 (6th Cir. 2009).unpublished
- United States v. Jasper Temple, 404 F. App'x 15 (6th Cir. 2010).unpublished
- United States v. Cirilo-Munoz, 504 F.3d 106 (1st Cir. 2007).published
- United States v. Luis Alberto Hernandez-Fierros, 453 F.3d 309 (6th Cir. 2006).published
- United States v. Janell Cage, 458 F.3d 537 (6th Cir. 2006).published
- United States v. Roger D. Blackwell, 459 F.3d 739 (6th Cir. 2006).published
- United States v. Calvin Caver (05-3295) Tamir Abdullah (05-3297) Fred Cloud (05-3344), 470 F.3d 220 (6th Cir. 2006).published
- United States v. Elton Nance, 481 F.3d 882 (6th Cir. 2007).published
- United States v. Tracey Scott Esteppe, 483 F.3d 447 (6th Cir. 2007).published
- United States v. Darrell Eversole, 487 F.3d 1024 (6th Cir. 2007).published
- United States v. Ricky T. Bailey, 488 F.3d 363 (6th Cir. 2007).published
- United States v. Guest, 564 F.3d 777 (6th Cir. 2009).published
- United States v. Bolds, 511 F.3d 568 (6th Cir. 2007).published
- United States v. Henry, 545 F.3d 367 (6th Cir. 2008).published
- United States v. Perez-Vasquez, 570 F.3d 692 (6th Cir. 2009).published
- United States v. Lalonde, 509 F.3d 750 (6th Cir. 2007).published
- United States v. Polihonki, 543 F.3d 318 (6th Cir. 2008).published
- United States v. Recla, 560 F.3d 539 (6th Cir. 2009).published
- United States v. Philips, 516 F.3d 479 (6th Cir. 2008).published
- United States v. Vonner, 516 F.3d 382 (6th Cir. 2008).published
- United States v. Keller, 498 F.3d 316 (6th Cir. 2007).published
- United States v. Jeross, 521 F.3d 562 (6th Cir. 2008).published
- United States v. Stephens, 549 F.3d 459 (6th Cir. 2008).published
- United States v. Smith, 505 F.3d 463 (6th Cir. 2007).published
- United States v. Smith, 510 F.3d 603 (6th Cir. 2007).published
- United States v. McGee, 494 F.3d 551 (6th Cir. 2007).published
- United States v. Brock, 501 F.3d 762 (6th Cir. 2007).published
- United States v. Canaca, 173 F. App'x 438 (6th Cir. 2006).unpublished
- United States v. Van Nguyen, 176 F. App'x 634 (6th Cir. 2006).unpublished
- United States v. Carrillo-Hernandez, 181 F. App'x 522 (6th Cir. 2006).unpublished
- United States v. Coffee, 180 F. App'x 562 (6th Cir. 2006).unpublished
- United States v. Jackson, 186 F. App'x 579 (6th Cir. 2006).unpublished
- United States v. Ray, 189 F. App'x 436 (6th Cir. 2006).unpublished
- United States v. Greer, 189 F. App'x 457 (6th Cir. 2006).unpublished
- United States v. Morris, 193 F. App'x 475 (6th Cir. 2006).unpublished
- United States v. Harden, 195 F. App'x 382 (6th Cir. 2006).unpublished
- United States v. Bergold, 194 F. App'x 348 (6th Cir. 2006).unpublished
- United States v. Washington, 199 F. App'x 521 (6th Cir. 2006).unpublished
- United States v. Johnson, 467 F.3d 559 (6th Cir. 2006).published
- United States v. Sanders, 207 F. App'x 602 (6th Cir. 2006).unpublished
- United States v. Cloud, No. 05-3344 (6th Cir. Dec. 4, 2006).published
- United States v. Brumley, 213 F. App'x 416 (6th Cir. 2007).unpublished
- United States v. Pearson, 212 F. App'x 504 (6th Cir. 2007).unpublished
- United States v. Perez-Arellano, 212 F. App'x 436 (6th Cir. 2007).unpublished
- United States v. Robinson, 217 F. App'x 503 (6th Cir. 2007).unpublished
- United States v. Saffore, 216 F. App'x 531 (6th Cir. 2007).unpublished
- United States v. Ogelsby, No. 05-6528 (6th Cir. Jan. 30, 2007).unpublished
- United States v. Hamid, 227 F. App'x 475 (6th Cir. 2007).unpublished
- United States v. Mitchell, 232 F. App'x 513 (6th Cir. 2007).unpublished
- United States v. Burley, 241 F. App'x 290 (6th Cir. 2007).unpublished
- United States v. Lanesky, 494 F.3d 558 (6th Cir. 2007).published
- United States v. Grant, 247 F. App'x 749 (6th Cir. 2007).unpublished
- United States v. Webb, No. 05-6645 (6th Cir. Sept. 6, 2007).published
- United States v. Bowden, 240 F. App'x 56 (6th Cir. 2007).unpublished
- United States v. Jebril, 252 F. App'x 738 (6th Cir. 2007).unpublished
- United States v. Cisse, 259 F. App'x 838 (6th Cir. 2008).unpublished
- United States v. Bell, 259 F. App'x 733 (6th Cir. 2008).unpublished
- United States v. Commodore, 266 F. App'x 462 (6th Cir. 2008).unpublished
- United States v. Phillips, 516 F.3d 479 (6th Cir. 2008).published
- United States v. Renner, 281 F. App'x 529 (6th Cir. 2008).unpublished
- United States v. Johnson, 302 F. App'x 453 (6th Cir. 2008).unpublished
- United States v. Smith, 307 F. App'x 966 (6th Cir. 2009).unpublished
- United States v. Abdelsalam, 311 F. App'x 832 (6th Cir. 2009).unpublished
- United States v. Rochon, 318 F. App'x 395 (6th Cir. 2009).unpublished
- United States v. Ricardo Perez-Vasquez, No. 07-6390 (6th Cir. July 8, 2009).published
- United States v. Russell Polson, 343 F. App'x 88 (6th Cir. 2009).unpublished
- United States v. Trory Herrod, 342 F. App'x 180 (6th Cir. 2009).unpublished
- United States v. William Corum, 354 F. App'x 957 (6th Cir. 2009).unpublished
- United States v. Guan Chen, 359 F. App'x 613 (6th Cir. 2009).unpublished
- United States v. Smith, 358 F. App'x 634 (6th Cir. 2009).unpublished
- United States v. James Malloy, 369 F. App'x 697 (6th Cir. 2010).unpublished
- United States v. Onnie Nesbitt, 390 F. App'x 497 (6th Cir. 2010).unpublished
- United States v. Lloyd Montgomery, No. 18-5904 (6th Cir. Aug. 30, 2019).unpublished
- United States v. Oglesby, 210 F. App'x 503 (6th Cir. 2007).unpublished
- United States v. Darrin Harsley, No. 23-3568 (6th Cir. July 29, 2024).unpublished
- United States v. Michael Devon Mitchell, No. 24-3699 (6th Cir. Sept. 29, 2025).unpublished
- United States v. Michael Ely, 468 F.3d 399 (6th Cir. 2006).published
- United States v. Ibarra, 179 F. App'x 317 (6th Cir. 2006).unpublished
- United States v. Haworth, 187 F. App'x 458 (6th Cir. 2006).unpublished
- United States v. Wilson, 214 F. App'x 578 (6th Cir. 2007).unpublished
- United States v. Gardner, 214 F. App'x 587 (6th Cir. 2007).unpublished
- United States v. Holloway, 252 F. App'x 732 (6th Cir. 2007).unpublished
At page 553 Reviewing sentence reasonableness under advisory guidelines78 citing casesWe credit a sentence such as Richardson’s that falls within the advisory Guidelines range with a rebuttable presumption of reasonableness.
- United States v. Ming Liou, 491 F.3d 334 (6th Cir. 2007).published See, e.g., United States v. Cage, 458 F.3d 537, 541 (6th Cir.2006) (noting that the presumption can be “rebutted in a case in which the record fails to reflect that the district court considered the requisite factors in imposing sentence”)…
- United States v. Ochoa-Villarruel, 200 F. App'x 789 (10th Cir. 2006).unpublished(We credit a sentence such as Richardson’s that falls within the advisory Guidelines range with a rebuttable presumption of reasonableness.)
- United States v. Sanford, 186 F. App'x 614 (6th Cir. 2006).unpublished United States v. Richardson, 437 F.3d 550, 555 (6th Cir. 2006) (“[C]ontrolling law, both before and after Booker, counsels that a judge can make factual findings about a defendant's prior convictions without implicating the Sixth Amendment…
- United States v. Shon L. Thompson, No. 22-3641 (6th Cir. Apr. 26, 2023).unpublishedA sentence is unreasonable when “the district judge fails to ‘consider’ the applicable Guidelines range or neglects to ‘consider’ the other factors listed in 18 U.S.C. § 3553 (a), and instead simply selects what the judge deems an appropri…
- United States v. Felix Agundiz-Montes, 679 F. App'x 380 (6th Cir. 2017).unpublishedA sentence is procedurally unreasonable “where [the] ‘district judge fails to consider the applicable Guidelines range or neglects to consider the other factors listed in 18 U.S.C. § 3553 (a).’ ” United States v. Erpenbeck, 532 F.3d 423, 4…
- United States v. Debra Kessinger, 641 F. App'x 500 (6th Cir. 2016).unpublished“We review a sentence imposed by the district court for reasonableness.” United States v. Webb, 616 F.3d 605, 608-09 (6th Cir.2010) (citing United States v. Richardson, 437 F.3d 550, 553 (6th Cir.2006)).
- United States v. McQueen, 636 F. App'x 652 (6th Cir. 2016).unpublishedProcedural and Substantive Reasonableness “We review a sentence imposed by the district court for reasonableness.” United States v. Webb, 616 F.3d 605, 608 (6th Cir.2010) (citing United States v. Richardson, 437 F.3d 550, 553 (6th Cir.2006…
- United States v. David Searer, Jr., 636 F. App'x 258 (6th Cir. 2016).unpublished“We review a sentence imposed by the district court for reasonableness.” United States v. Webb, 616 F.3d 605, 608-09 (6th Cir.2010) (citing United States v. Richardson, 437 F.3d 550, 553 (6th Cir.2006)).
- United States v. Rodrigo Macias-Farias, 601 F. App'x 419 (6th Cir. 2015).unpublishedA sentence within the advisory Guidelines range is entitled to “a rebuttable presumption of reasonableness.” United States v. Richardson, 437 F.3d 550, 553 (6th Cir.2006) (internal quotation marks and citation omitted).
- United States v. Thomas Maxwell, Jr., 483 F. App'x 233 (6th Cir. 2012).unpublishedThis Court reviews a district court’s sentence for reasonableness, United States v. Webb, 616 F.3d 605, 608-09 (6th Cir.2010) (citing United States v. Richardson, 437 F.3d 550, 553 (6th Cir. 2006)), which has both a procedural and substant…
Show 47 more citing cases
- United States v. Willie Turner, Jr., 436 F. App'x 582 (6th Cir. 2011).unpublished Conferring a “presumption of reasonableness” upon the district court’s within-Guidelines sentence, Richardson, 437 F.3d at 553-54 (internal quotation marks and citation omitted), we find no abuse of discretion.
- United States v. Miguel Angel Jarrillo-Luna, 478 F.3d 1226 (10th Cir. 2007).published
- United States v. Webb, 616 F.3d 605 (6th Cir. 2010).published
- United States v. Luis A. Montanez, 442 F.3d 485 (6th Cir. 2006).published
- United States v. Wayne Morgan Jones, 445 F.3d 865 (6th Cir. 2006).published
- United States v. Raymond Harry Ward, 447 F.3d 869 (6th Cir. 2006).published
- United States v. Daniel Branell Morris, 448 F.3d 929 (6th Cir. 2006).published
- United States v. Alvin Vonner, 452 F.3d 560 (6th Cir. 2006).published
- United States v. Terry William Harness, 453 F.3d 752 (6th Cir. 2006).published
- United States v. Douglas Alan Barton, 455 F.3d 649 (6th Cir. 2006).published
- United States v. Scott A. Ferguson, 456 F.3d 660 (6th Cir. 2006).published
- United States v. Lonnie Davis, 458 F.3d 505 (6th Cir. 2006).published
- United States v. Joseph Lee Seymour, 468 F.3d 378 (6th Cir. 2006).published
- United States v. Scottie R. Magouirk, 468 F.3d 943 (6th Cir. 2006).published
- United States v. Aubrey Clark, 469 F.3d 568 (6th Cir. 2006).published
- United States v. Clifton L. Cousins, 469 F.3d 572 (6th Cir. 2006).published
- United States v. Climmie Jones, Jr., 489 F.3d 243 (6th Cir. 2007).published
- United States v. Lucinda Calhoun, 480 F. App'x 353 (6th Cir. 2012).unpublished
- United States v. Fink, 502 F.3d 585 (6th Cir. 2007).published
- United States v. Erpenbeck, 532 F.3d 423 (6th Cir. 2008).published
- United States v. White, 492 F.3d 380 (6th Cir. 2007).published
- United States v. McGee, 529 F.3d 691 (6th Cir. 2008).published
- United States v. Ortiz, 502 F. Supp. 2d 712 (N.D. Ohio 2007).published
- United States v. Jara, No. 05-6503 (6th Cir. Feb. 27, 2006).unpublished
- United States v. Bolanos, 174 F. App'x 320 (6th Cir. 2006).unpublished
- United States v. Moore, 180 F. App'x 571 (6th Cir. 2006).unpublished
- United States v. McDermott, 180 F. App'x 567 (6th Cir. 2006).unpublished
- United States v. Pickett, 179 F. App'x 315 (6th Cir. 2006).unpublished
- United States v. Bustos, 186 F. App'x 551 (6th Cir. 2006).unpublished
- United States v. Carroll, 189 F. App'x 450 (6th Cir. 2006).unpublished
- United States v. Skibo, 188 F. App'x 373 (6th Cir. 2006).unpublished
- United States v. Lossia, 193 F. App'x 432 (6th Cir. 2006).unpublished
- United States v. Underwood, 188 F. App'x 459 (6th Cir. 2006).unpublished
- Dualite Sales & Serv., Inc. v. Moran Foods, Inc., 194 F. App'x 284 (6th Cir. 2006).unpublished
- United States v. Cross, 216 F. App'x 537 (6th Cir. 2007).unpublished
- United States v. Pennington, 216 F. App'x 479 (6th Cir. 2007).unpublished
- United States v. Ramsey, 227 F. App'x 446 (6th Cir. 2007).unpublished
- United States v. Zaky, 224 F. App'x 483 (6th Cir. 2007).unpublished
- United States v. Luokkala, 238 F. App'x 103 (6th Cir. 2007).unpublished
- United States v. Korson, 243 F. App'x 141 (6th Cir. 2007).unpublished
- United States v. Gedvick, 239 F. App'x 177 (6th Cir. 2007).unpublished
- United States v. Sylvester, 289 F. App'x 860 (6th Cir. 2008).unpublished
- United States v. Williams, 317 F. App'x 451 (6th Cir. 2008).unpublished
- United States v. Christopher Buffington, 310 F. App'x 757 (6th Cir. 2009).unpublished
- United States v. Shaun Smith, 681 F. App'x 483 (6th Cir. 2017).unpublished
- United States v. Whitmore, 193 F. App'x 568 (6th Cir. 2006).unpublished
- United States v. Jara, 218 F. App'x 449 (6th Cir. 2007).unpublished
At page 555 Judge's factual findings on prior convictions under Sixth Amendment22 citing casesholding that “controlling law, both before and after Booker, counsels that a judge can make factual findings about a defendant’s prior convictions without implicating the Sixth Amendment
- United States v. Sanford, 186 F. App'x 614 (6th Cir. 2006).unpublished ([C]ontrolling law, both before and after Booker, counsels that a judge can make factual findings about a defendant's prior convictions without implicating the Sixth Amendment.)
- United States v. Ayala-Segoviano, 371 F. App'x 643 (6th Cir. 2010).unpublished
- United States v. Nelson, 191 F. App'x 690 (10th Cir. 2006).unpublished
- United States v. Terrell, 191 F. App'x 728 (10th Cir. 2006).unpublished
- United States v. Herula, 464 F.3d 1132 (10th Cir. 2006).published
- United States v. Carlos Alberto Ossa-Gallegos, 453 F.3d 371 (6th Cir. 2006).published
- United States v. Conrad Vernon Smith, 474 F.3d 888 (6th Cir. 2007).published
- United States v. Carlos Alberto Ossa-Gallegos, 491 F.3d 537 (6th Cir. 2007).published
- Doe v. Bredesen, 507 F.3d 998 (6th Cir. 2007).published
- United States v. Johnson, 186 F. App'x 560 (6th Cir. 2006).unpublished
Show 8 more citing cases
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v.
Tony RICHARDSON, Defendant-Appellant
[*552] OPINION
MOORE, Circuit Judge.Defendant-Appellant Tony Richardson (“Richardson”) pleaded guilty to bank robbery in violation of 18 U.S.C. §• 2113(a) for robbing a Bank One branch in Grand Rapids, Michigan, in the summer of 2004. Considering the Sentencing ■ Guidelines as advisory, the district court classified Richardson as a career offender under U.S.S.G. § 4B1.1 because he had two previous state convictions for “crimes of violence,” and sentenced Richardson to 180 months in prison. On direct appeal, Richardson argues that his sentence is unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and furthermore, that the district court’s enhancement of his sentence as a career offender under U.S.S.G. § 4B1.1 violates his Sixth Amendment rights. Upon review, we conclude that Richardson’s sentence is reasonable in light of Booker and does not offend the Sixth Amendment. We AFFIRM.
I. BACKGROUND
Defendant-Appellant Richardson appeals his 180-month sentence for bank robbery in violation of 18 U.S.C. § 2113(a). At approximately 2:00 p.m. on July 2, 2004, Richardson approached a bank teller in a Bank One in Grand Rapids, Michigan, and passed her a note he had written on a withdrawal slip announcing a robbery and demanding money. The teller gave Richardson $4,084.00 in currency, some of which was wrapped in a dye pack, and Richardson fled from the building. The teller stated that Richardson did not indicate that he had a weapon, and she recalled that the note he passed her .said, “This is a robbery, give me all your $100’s, $50’s, and $20’s. Act like nothing is wrong or I will shoot you.” Joint Appendix (“J.A.”) at 69 (Presentence Investigation Report (“PSR”) at ¶ 12). Richardson, who was nineteen at the time, was apprehended without incident in a nearby apartment building a short while later after-the police received a tip about his location. When Richardson was questioned by police, he admitted that he committed the robbery and stated that he was not assisted by anyone else. Richardson, who has abused drugs since age seven, admitted that he used cocaine prior to committing the robbery and that he applied some of the proceeds from the robbery to buy cocaine base, his drug of choice. Richardson stated to the police that the note he passed to the teller stated, “Give me the money or you will die, no blow up ink, $100’s, $20’s, $50’s, be normal.” J.A. at 69 (PSR at ¶ 14); see also J.A. at 38 (Sentencing Hr’g Tr. at 8). When Richardson requested an attorney, the police ended the interview.
Richardson pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113(a). At the sentencing hearing on January 31, 2005, the district court determined that Richardson’s total offense level was 29, which reflected an enhancement under Guideline § 4B1.1 because the court concluded that Richardson was a career offender, as well as reductions for acceptance of responsibility and timeliness. The court imposed the career-offender enhancement because it found that, as a matter of law, Richardson’s prior convictions for larceny from a person and fleeing and eluding were crimes involving actual violence or the threat of violence as defined by § 4B1.1. Because of Richardson’s career-offender status, the district court also found that his criminal history category was a VI.
The statutory maximum for a violation of § 2113(a) is twenty years, and the guideline range for Richardson, given the district court’s findings, was between 151 and 188 months of imprisonment. Ac[*553] knowledging that the Guidelines range was advisory, the district court concluded that the range was reasonable and appropriate when considered with the factors in 18 U.S.C. § 3553(a). The court then sentenced Richardson to 180 months of imprisonment, stating that the basis for the sentence was “the violent nature of Mr. Richardson since he was young, and his continuing inability to control his emotions and his impulses and his reactions, even after he’s gotten free of drugs and has been incarcerated, where he still is a violent predator.” J.A. at 58 (Sentencing Hr’g Tr. at 28). The court recommended that Richardson participate in the 500-hour residential drug treatment program, and determined that at the conclusion of his sentence, Richardson would be placed on three years of supervised release. Richardson filed a timely notice of appeal.
II. ANALYSIS
Richardson advances two claims on appeal: (1) his 180-month sentence is unreasonable under Booker; and (2) the district court violated his Sixth Amendment rights when it determined he was a career offender under Guideline § 4B1.1 and enhanced his sentence because of the career-offender designation.
A. Richardson’s Reasonableness Claim
Richardson first argues that his sentence is unreasonable under Booker. Richardson claims that his sentence is unreasonable because the district court did not analyze and apply the § 3553(a) factors with enough specificity when determining his sentence. Richardson also argues that his sentence is longer than necessary to achieve the purposes of sentencing in § 3553(a)(2).
Booker transformed the Sentencing Guidelines from a mandatory scheme into an advisory resource. “Without the ‘mandatory’ provision, the Act nonetheless requires judges to take account of the Guidelines together with other sentencing goals.” Booker, 125 S.Ct. at 764. “[WJhile not bound to apply the Guidelines,” the district courts “must consult those Guidelines and take them into account when sentencing.” Id. at 767. The Supreme Court explained that “[sjection 3553(a) remains in effect, and sets forth numerous factors that guide sentencing. Those factors in turn will guide appellate courts, as they have in the past, in determining whether a sentence is unreasonable.” Id. at 766.
Guided by Booker’s principle of meaningful appellate review for reasonableness and its respect for the sentencing goals articulated in § 3553(a), [1] we “may conclude that a sentence is unreasonable when the district judge fails to ‘consider’ the applicable Guidelines range or neglects to ‘consider’ the other factors listed in 18 U.S.C. § 3553(a), and instead simply selects what the judge deems an appropriate sentence without such required consideration.” United States v. Webb, 403 F.3d 373, 383 (6th Cir.2005). We credit a sentence such as Richardson’s that falls within the advisory Guidelines range “with a rebuttable presumption of reasonableness.”[*554] United States v. Williams, No. 05-5416, at 2, 2006 WL 224067 (6th Cir. Jan.31, 2006). [2] This rebuttable presumption does not relieve the sentencing court of its obligation to explain to the parties and the reviewing court its reasons for imposing a particular sentence. Even when selecting a presumptively reasonable sentence within the Guidelines range, a district court must “articulate[ ] its reasoning sufficiently to permit reasonable appellate review, specifying its reasons for selecting” the specific sentence within that range. Id. at 3, 2006 WL 224067. A district court “need not recite these [§ 3553(a) ] factors but must articulate its reasoning in deciding to impose a sentence in order to allow for reasonable appellate review.” United States v. Kirby, 418 F.3d 621, 626 (6th Cir.2005). We emphasize the obligation of the district court in each case to communicate clearly its rationale for imposing the specific sentence. Where a defendant raises a particular argument in seeking a lower sentence, the record must reflect both that the district judge considered the defendant’s argument and that the judge explained the basis for rejecting it. This assures not only that the defendant can understand the basis for the particular sentence but also that the reviewing court can intelligently determine whether the specific sentence is indeed reasonable.
Applying these principles to this case, we remain unpersuaded by Richardson’s argument that his sentence is unreasonable. The sentencing hearing transcript reveals that the district court articulated and explained its reasons for sentencing Richardson to a term at the higher end of the Guidelines range. The court did not “simply select” what it viewed as “an appropriate sentence,” Webb, 403 F.3d at 383, but rather explie-itly considered many § 3553(a) factors in sentencing Richardson. The district court considered Richardson’s history and characteristics, and was justifiably concerned by his criminal history and the need to protect the public from his behavior. The court explained that it imposed a sentence at the higher end of the Guidelines range because of Richardson’s history of violent behavior, including three felony convictions by the time he was nineteen. The district court also noted Richardson’s continued problems with violence since being incarcerated for this offense, which evidenced “his continuing inability to control his emotions and his impulses and his reactions, even after he’s gotten free of drugs.” J.A. at 58 (Sentencing Hr’g Tr. at 28).
The district court also questioned Richardson about pending state charges for kidnaping, carjacking, and armed robbery arising out of an incident occurring only a few days before this bank robbery. Richardson’s counsel clarified to the court that although he was not Richardson’s attorney for those state matters, it was his understanding that Richardson intended to plead guilty to those charges. The district court gave Richardson a chance to explain those pending charges, and stated that he was not relying on the charges but that “they serve to arguably put this [instant] conduct in some sort of context.” J.A. at 55 (Sentencing Hr’g Tr. at 25). The court stated that Richardson’s behavior suggested Richardson was “an incredibly dangerous predator,” and that his “predator characteristics have continued to manifest themselves while he’s locked up.” J.A. at 54 (Sentencing Hr’g Tr. at 24).
The record suggests that the district court also considered Richardson’s needs[*555] under § 3553(a)(2)(D). The court stated it would recommend Richardson for the residential drug treatment program, and noted that Richardson’s incarceration for this federal offense, rather than the pending state charges, meant that he would be in the “better run” federal system with “more opportunities available to prisoners.” J.A. at 57 (Sentencing Hr’g Tr. at 27). The record does not support Richardson’s argument that the district court acted unreasonably, but instead suggests that the court was properly guided by the § 3553(a) factors when selecting a sentence at the higher end of the Guidelines range. Richardson’s sentence is reasonable.
B. Richardson’s Sixth Amendment Claim
Richardson also argues that the district court violated his Sixth Amendment rights when it concluded that two of his previous felony convictions were for “crimes of violence,” and therefore determined that he was a career offender under Guideline § 4B1.1 subject to a sentencing enhancement. Richardson argues that it was improper for the judge, and not a jury, to characterize his previous convictions as crimes of violence as defined by § 4B1.1. Richardson also argues that because he committed this offense prior to Booker, applying any detrimental effect of Booker’s remedy ruling to him “would violate the ex post facto and due process principle of fair notice.” Appellant Br. at 16. We review de novo Richardson’s constitutional challenge to his sentence. United States v. Copeland, 321 F.3d 582, 601 (6th Cir.2003).
Richardson’s arguments lack merit for several reasons. First, controlling law, both before and after Booker, counsels that a judge can make factual findings about a defendant’s prior convictions without implicating the Sixth Amendment. See Booker, 125 S.Ct. at 756; Blakely v. Washington, 542 U.S. 296, 301, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); United States v. Hollingsworth, 414 F.3d 621, 624 (6th Cir.2005) (“The determination that Hollingsworth’s prior convictions for multiple counts of aggravated assault and aggravated robbery included at least one crime of violence was thus squarely within the province of the sentencing judge.”). Conclusions about Richardson’s prior convictions would be treated the same before or after Booker, and so he was not harmed by the district court’s application of Booker, which had just been decided at the time he was sentenced. Richardson’s claims that his sentence under Booker raises ex post facto concerns are therefore unwarranted, because he was not disadvantaged by the court’s application of Booker. See Weaver v. Graham, 450 U.S. 24, 29, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981) (“[T]wo critical elements must be present for a criminal or penal law to be ex post facto: it must be retrospective, that is, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.”).
Second, the determination that led to Richardson’s § 4B1.1 enhancement is not a judge-made factual determination. We consider the question of whether a conviction is a conviction for a “crime of violence” under the Sentencing Guidelines to be a legal determination, and therefore a question appropriate for judicial decision-making. See United States v. Martin, 378 F.3d 578, 580 (6th Cir.2004) (“[W]e give fresh review to the legal question whether either of [defendant’s] convictions constitutes a ‘crime of violence.’ ”); United States v. Payne, 163 F.3d 371, 375 (6th Cir.1998) (holding “that the crime of larce[*556] ny from the person in Michigan is a crime of violence as a matter of law”). It is settled law that both of Richardson’s prior convictions under Michigan law, fleeing and eluding and larceny from a person, are considered crimes of violence for the purpose of sentencing. Martin, 378 at 580 (“[c]oncluding that third-degree fleeing and eluding under Michigan law is a crime of violence”); Payne, 163 F.3d at 375. The district court’s determination that Richardson should be classified as a career offender under § 4B1.1 was proper and does not violate his rights under the Sixth Amendment.
III. CONCLUSION
Richardson’s sentence is reasonable and does not violate the Sixth Amendment, and therefore we AFFIRM the judgment of the district court.
. The § 3553(a) factors that we consider in our reasonableness analysis include "the nature and circumstances of the offense and the history and characteristics of the defendant” as well as the need for the defendant’s sentence “to reflect the seriousness of the offense,” "promote respect for the law,” "provide just punishment,” "afford adequate deterrence,” "protect the public from further crimes of the defendant,” and "to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.” 18 U.S.C. § 3553(a)(l)-(2). See also 18 U.S.C. § 3553(a)(3)-(7) (listing additional factors).
. We have previously rejected the argument “that a sentence within a proper Guidelines range is per-se reasonable.” Webb, 403 F.3d at 385 n. 9.