United States v. Lynn Marie Lazenby, United States of Am. v. Christine Marie Goodwin, 439 F.3d 928 (8th Cir. 2006). · Go Syfert
United States v. Lynn Marie Lazenby, United States of Am. v. Christine Marie Goodwin, 439 F.3d 928 (8th Cir. 2006). Cases Citing This Book View Copy Cite
158 citation events (158 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. McDowell (ca8, 2012-04-18)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. McDowell
8th Cir. · 2012 · signal: compare · quote attribution · 1 verbatim quote · confidence high
an extraordinary reduction must be supported by extraordinary circumstances.
discussed Cited as authority (verbatim quote) United States v. Marlon J. Bradford
8th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
the . . . sentence is unreasonable because it results in unwarranted sentencing disparity among defendants with similar records who have been found guilty of similar conduct.
discussed Cited as authority (rule) Scott v. United States (2×) also: Cited "see"
D.S.D. · 2023 · confidence medium
The Fry court noted that one instance of “relief based on a comparison of co- conspirators” required the “unusual circumstances” of “an ‘extreme disparity’ in sentencing between similarly situated conspirators, and a consolidated appeal involving both conspirators that permitted a remand for resentencing of both parties.” Id. (quoting United States v. Lazenby, 439 F.3d 928, 934 (8th Cir. 2006)).
cited Cited as authority (rule) United States v. Lazaro Soliz
8th Cir. · 2017 · confidence medium
Soliz also relies on United States v. Lazenby, 439 F.3d 928, 934 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Arman Nshanian
8th Cir. · 2016 · signal: cf. · confidence medium
Cf. United States v. Lazenby, 439 F.3d 928, 934 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Ring
D.D.C. · 2011 · confidence medium
No. 274 at 3-4.) See United States v. Martinez, 610 F.3d 1216, 1228 (10th Cir.2010) (“[Although § 3553(a) does not require a consideration of co-defendant disparity, ... it is not improper for a district court to undertake such a comparison ....”) (citations omitted); United States v. Wills, 476 F.3d 103, 110 (2d Cir.2007) (“Under the advisory Guidelines scheme explicated in Booker , it is appropriate for a district court, relying on its unique knowledge of the totality of circumstances of a crime and its participants, to impose a sentence that would better reflect the extent to which t…
discussed Cited as authority (rule) United States v. Williams
8th Cir. · 2010 · confidence medium
According to Williams, the differing sentencing philosophies of the two judges regarding the crack/powder sentencing ratio placed Chief Judge Reade in the difficult position of “following her sentencing philosophy and creating unwarranted sentencing disparity between Mr. Williams and Mr. Parks based on the vagaries of which judge the cases were originally assigned to or deviating from that sentencing philosophy in this case to avoid unwarranted sentencing disparity.” This court recognizes “the virtue of having the members of a criminal conspiracy sentenced, when possible, by the same dis…
discussed Cited as authority (rule) United States v. Travis Ray Burns
8th Cir. · 2009 · confidence medium
When a court imposes sentence above the statutory minimum, as in Livesay, a defendant’s assistance is likely just another factor to be considered under § 3553(a), see United States v. Lazenby, 439 F.3d 928, 933-34 (8th Cir. 2006), such that Gall is directly applicable. -34- The decision is a victory for Burns, but it will not necessarily benefit the class of cooperating defendants as a whole.
discussed Cited as authority (rule) United States v. Burns (2×)
8th Cir. · 2009 · confidence medium
When a court imposes sentence above the statutory minimum, as in Livesay , a defendant’s assistance is likely just another factor to be considered under § 3553(a), see United States v. Lazenby, 439 F.3d 928, 933-34 (8th Cir.2006), such that Gall is directly applicable.
discussed Cited as authority (rule) United States v. Kluge
N.D. Iowa · 2009 · confidence medium
“Perfect parity among the sentences imposed on the various members of a criminal conspiracy is no doubt impossible to achieve, given the complexity of the task.” United States v. Lazenby, 439 F.3d 928, 934 (8th Cir.2006) (comparing sentencing disparities between co-conspirators).
discussed Cited as authority (rule) United States v. Hubel
D. Neb. · 2008 · confidence medium
United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006). “[P]re-Booker departures and post -Booker variances are not the same” and there may be “cases that would not justify a departure under the Guidelines but which are appropriate for a variance” as well as “cases in which a combination of a Guidelines departure and other § 3553(a) factors may produce a lower reasonable sentence than a departure alone.” United States v. Robinson, 454 F.3d 839, 842 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Spotted Elk
8th Cir. · 2008 · confidence medium
While 18 U.S.C. § 3553 (a)(6) does require the sentencing court to consider “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct,” see United States v. Lazenby, 439 F.3d 928, 932-34 (8th Cir.2006) (reversing where co-defendants’ sentences were unwarrantedly disparate), the district court in this case did consider how Red Feather’s sentence compared to his co-conspirators’.
discussed Cited as authority (rule) United States v. Colin Spotted Elk
8th Cir. · 2008 · confidence medium
While 18 U.S.C. § 3553 (a)(6) does require the sentencing court to consider "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct," see United States v. Lazenby, 439 F.3d 928, 932-34 (8th Cir. 2006) (reversing where co-defendants' sentences were unwarrantedly disparate), the district court in this case did consider how Red Feather's sentence compared to his co-conspirators'.
cited Cited as authority (rule) United States v. McFarlin
8th Cir. · 2008 · confidence medium
A defendant’s post-arrest rehabilitation “is relevant in evaluating the § 3553(a) factors.” United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006).
cited Cited as authority (rule) United States v. Pinkey McFarlin
8th Cir. · 2008 · confidence medium
A defendant’s post-arrest rehabilitation “is relevant in evaluating the § 3553(a) factors.” United States v. Lazenby, 439 F.3d 928, 932 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Goodman
D. Neb. · 2008 · confidence medium
“Under the Sentencing Reform Act and Booker , sentencing discretion rests in the final analysis with the sentencing judge, not the prosecution.” United States v. Lazenby, 439 F.3d 928, 934 (8th Cir.2006) (noting that the prosecution’s evaluation of a defendant’s cooperation is critical, but not controlling).
discussed Cited as authority (rule) United States v. McGhee
8th Cir. · 2008 · confidence medium
The government appeals, arguing that the district court abused its discretion by departing by one criminal history category under USSG § 4A1.3, that the court impermissibly took into account its disagreement with the sentencing guidelines for crack cocaine, see United States v. Spears, 469 F.3d 1166 (8th Cir.2006) (en banc), vacated, — U.S. —, 128 S.Ct. 858 , 169 L.Ed.2d 709 (2008), and that while the other reasons cited by the district court were permissible considerations under 18 U.S.C. § 3553 (a), see United States v. Lazenby, 439 F.3d 928, 933-34 (8th Cir.2006), this court should re…
discussed Cited as authority (rule) United States v. Clinton McGhee
8th Cir. · 2008 · confidence medium
The government appeals, arguing that the district court abused its discretion by departing by one criminal history category under USSG § 4A1.3, that the court impermissibly took into account its disagreement with the sentencing guidelines for crack cocaine, see United States v. Spears, 469 F.3d 1166 (8th Cir. 2006) (en banc), vacated, No. 06-9864, 2008 WL 59232 (U.S. Jan. 7, 2008), and that while the other reasons cited by the district court were permissible considerations under 18 U.S.C. § 3553 (a), see United States v. Lazenby, 439 F.3d 928, 933-34 (8th Cir. 2006), this court should revers…
discussed Cited as authority (rule) United States v. Cirilo-Munoz (2×)
1st Cir. · 2007 · confidence medium
United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006). [94] Section 3553(a) requires a sentencing court to consider the following factors: the nature and circumstances of the offense and the history and characteristics of the defendant; the seriousness of the offense; the need to promote respect for the law; provision of just punishment for the offense; deterrence of criminal conduct; protection of the public from further crimes of the defendant; educational or vocational training for the defendant; the kinds of sentences available; the sentencing guidelines range; any pertinent policy st…
discussed Cited as authority (rule) United States v. Thomas M. Coughlin
8th Cir. · 2007 · confidence medium
This court recognizes “[s]entences varying from the guidelines range . . . are reasonable so long as the judge offers appropriate justification under the factors specified in 18 U.S.C. § 3553 (a).” United States v. Lazenby, 439 F.3d 928, 932 (8th Cir. 2006) (citation and quotations omitted).
discussed Cited as authority (rule) United States v. Coughlin (2×)
8th Cir. · 2007 · confidence medium
This court recognizes “[sentences varying from the guidelines range ... are reasonable so long as the judge offers appropriate justification under the factors specified in 18 U.S.C. § 3553 (a).” United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006) (citation and quotations omitted).
discussed Cited as authority (rule) United States v. Esteban Rivera
8th Cir. · 2007 · confidence medium
See, e.g., United States v. Bueno, 443 F.3d 1017, 1023 (8th Cir. 2006) (stating that “family ties and responsibilities” are a “disfavored reason” for granting a sentence reduction); United States v. Lazenby, 439 F.3d 928, 933 (8th Cir. 2006) (“[The defendant’s] post-offense rehabilitation is dramatic and hopefully permanent, but a twelve month sentence for [an offense carrying an advisory Guidelines range of seventy to eighty-seven months’ imprisonment] lies outside the limited range of choice dictated by the facts of the case.”) (quotation omitted); United States v. Gatewood, …
discussed Cited as authority (rule) United States v. Poynter (2×)
6th Cir. · 2007 · confidence medium
See United States v. Crisp, 454 F.3d 1285, 1291 (11th Cir.2006); United States v. Cage, 451 F.3d 585, 594 (10th Cir.2006); United States v. Smith, 445 F.3d 1, 4 (1st Cir.2006); United States v. Duhon, 440 F.3d 711, 715 (5th Cir.2006); United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006); United States v. Moreland, 437 F.3d 424, 434 (4th Cir.2006); United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005); cf. United States v. King, 454 F.3d 187, 195 (3d Cir.2006); United States v. Simpson, 430 F.3d 1177 , 1187 n. 10 (D.C.Cir.2005).
discussed Cited as authority (rule) United States v. Poynter
6th Cir. · 2007 · confidence medium
See United States v. Crisp, 454 F.3d 1285, 1291 (11th Cir. 2006); United States v. Cage, 451 F.3d 585, 594 (10th Cir. 2006); United States v. Smith, 445 F.3d 1, 4 (1st Cir. 2006); United States v. Duhon, 440 F.3d 711, 715 (5th Cir. 2006); United States v. Lazenby, 439 F.3d 928, 932 (8th Cir. 2006); United States v. Moreland, 437 F.3d 424, 434 (4th Cir. 2006); United States v. Dean, 414 F.3d 725, 729 (7th Cir. 2005); cf. United States v. King, 454 F.3d 187, 195 (3d Cir. 2006); United States v. Simpson, 430 F.3d 1177 , 1187 n.10 (D.C.
discussed Cited as authority (rule) United States v. Jason Pepper
8th Cir. · 2007 · confidence medium
To the extent unwarranted sentencing disparities among co- conspirators and co-defendants are a proper consideration under 18 U.S.C. § 3553 (a)(6),2 see United States v. Lazenby, 439 F.3d 928, 934 (8th Cir. 2006) (citing 1 The district court indicated its consideration of unwarranted sentencing disparity among the co-defendants was not a primary factor in granting a downward variance. 2 We note “§ 3553(a)(6) may more appropriately apply to disparities on a national level and not within the same conspiracy,” but we continue to follow our own precedent.
discussed Cited as authority (rule) United States v. Jason Pepper
8th Cir. · 2007 · confidence medium
To the extent unwarranted sentencing disparities among coconspira-tors and co-defendants are a proper consideration under 18 U.S.C. § 3553 (a)(6), 2 see United States v. Lazenby, 439 F.3d 928, 934 (8th Cir.2006) (citing 18 U.S.C. § 3553 (a)(6)), it does not justify a downward variance in this ease.
examined Cited as authority (rule) United States v. Todd Douglas Miller (3×) also: Cited "see"
8th Cir. · 2007 · confidence medium
“Congress has made avoiding unwarranted disparity a legislative priority.” United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006).
examined Cited as authority (rule) United States v. Todd Douglas Miller (3×) also: Cited "see"
8th Cir. · 2007 · confidence medium
"Congress has made avoiding unwarranted disparity a legislative priority." United States v. Lazenby, 439 F.3d 928, 933 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Manuel Cubillos
8th Cir. · 2007 · confidence medium
United States v. Lazenby, 439 F.3d 928, 931-32 (8th Cir.2006).
cited Cited as authority (rule) United States v. Manuel Cubillos
8th Cir. · 2007 · confidence medium
United States v. Lazenby, 439 F.3d 928, 931-32 (8th Cir. 2006).
cited Cited as authority (rule) United States v. Duane Collins Thundershield
8th Cir. · 2007 · confidence medium
This presumption can be rebutted only under “highly unusual circumstances.” United States v. Lazen-by, 439 F.3d 928, 933 (8th Cir.2006).
cited Cited as authority (rule) United States v. Duane Thundershield
8th Cir. · 2007 · confidence medium
This presumption can be rebutted only under “highly unusual circumstances.” United States v. Lazenby, 439 F.3d 928, 933 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Ruth Kane
8th Cir. · 2006 · confidence medium
Although § 3553(a)(6) may more appropriately apply to disparities on a national level and not within the same conspiracy, see, e.g., United States v. Parker, 462 F.3d 273, 277 (3d Cir.), cert. denied, 127 S. Ct. 462 (2006), we will follow our own precedent and the district court’s comparison, United States v. Lazenby, 439 F.3d 928, 932-34 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Ruth Kane
8th Cir. · 2006 · confidence medium
Although § 3553(a)(6) may more appropriately apply to disparities on a national level and not within the same conspiracy, see, e.g., United States v. Parker, 462 F.3d 273, 277 (3d Cir.), cert. denied, — U.S. -, 127 S.Ct. 462 , 166 L.Ed.2d 329 (2006), we will follow our own precedent and the district court’s comparison, United States v. Lazenby, 439 F.3d 928, 932-34 (8th Cir.2006).
cited Cited as authority (rule) United States v. James Eric Moore
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 931-32 (8th Cir.2006).
cited Cited as authority (rule) United States v. Leo Muhammad
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006).
cited Cited as authority (rule) United States v. Robert E. Maloney
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Davis
6th Cir. · 2006 · confidence medium
United States v. Dean, 414 F.3d 725, 729 (7th Cir. 2005); see also United States v. Martin, ___ F.3d ___, 2006 WL 1889902, at *7 (11th Cir. July 11, 2006); United States v. Smith, 445 F.3d 1, 4 (1st Cir. 2006); United States v. Moreland, 437 F.3d 424, 434 (4th Cir. 2006); United States v. Duhon, 440 F.3d 711, 715 (5th Cir. 2006); United States v. Lazenby, 439 F.3d 928, 932 (8th Cir. 2006); United States v. Cage, 451 F.3d 585, 594 (10th Cir. 2006).
examined Cited as authority (rule) United States v. William J. Davis (4×)
6th Cir. · 2006 · confidence medium
United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005); see also United States v. Martin, 455 F.3d 1227, 1235 (11th Cir.2006); United States v. Smith, 445 F.3d 1, 4 (1st Cir.2006); United States v. Moreland, 437 F.3d 424, 434 (4th Cir.2006); United States v. Duhon, 440 F.3d 711, 715 (5th Cir.2006); United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006); United States v. Cage, 451 F.3d 585, 594 (10th Cir.2006). 24 Few would disagree that we have an extraordinary variance in this case—from a guidelines range of 30 to 37 months to one day, to what the government refers to as a 99.89% varia…
examined Cited as authority (rule) United States v. Kandirakis (4×) also: Cited "see, e.g."
D. Mass. · 2006 · confidence medium
See also United States v. Miller, 450 F.3d 270, 273-76 (7th Cir.2006); United States v. Duhon, 440 F.3d 711, 720 (5th Cir.2006); United States v. Eura, 440 F.3d 625, 632-34 (4th Cir.2006); United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006) (stating that a desire for more lenient sentences generally was “an issue for Congress, not a valid basis for exercising discretion under Booker.”); United States v. Green, 436 F.3d 449, 459 (4th Cir.2006); United States v. Sebastian, 436 F.3d 913, 915-16 (8th Cir.2006). 25 .
discussed Cited as authority (rule) United States v. Thurston (2×) also: Cited "see"
1st Cir. · 2006 · signal: cf. · confidence medium
Cf. Lazenby, 439 F.3d at 934 (recognizing that extreme disparities in the sentences imposed on coconspirators could “fail[] to promote respect for the law”).
discussed Cited as authority (rule) United States v. Thurston (2×) also: Cited "see"
1st Cir. · 2006 · signal: cf. · confidence medium
Cf. Lazenby, 439 F.3d at 934 (recognizing that extreme disparities in the sentences imposed on coconspirators could "fail[ ] to promote respect for the law"). 42 Balanced against these grounds for leniency are reasons for imposing a stiff penalty.
discussed Cited as authority (rule) United States v. Kendall M. Robinson (2×)
8th Cir. · 2006 · confidence medium
United States v. Gall, 446 F.3d 884, 890 (8th Cir. 2006) (citing United States v. Lazenby, 439 F.3d 928, 933 (8th Cir. 2006) (quoting Haack, 403 F.3d at 1004 )).
discussed Cited as authority (rule) United States v. Kendall Myron Robinson (2×)
8th Cir. · 2006 · confidence medium
United States v. Gall, 446 F.3d 884, 890 (8th Cir.2006) (citing United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006) (quoting Haack, 403 F.3d at 1004 )).
discussed Cited as authority (rule) United States v. Mathew Meyer (2×) also: Cited "see, e.g."
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 932 (8th Cir. 2006); United States v. Claiborne, 439 F.3d 479, 481 (8th Cir. 2006).
discussed Cited as authority (rule) United States v. Mathew Meyer, Also Known as Mathew Salem (2×) also: Cited "see, e.g."
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 932 (8th Cir.2006); United States v. Claiborne, 439 F.3d 479, 481 (8th Cir.2006).
discussed Cited as authority (rule) United States v. Mark A. Medearis (2×)
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 933 (8th Cir. 2006).
examined Cited as authority (rule) United States v. Mark A. Medearis (4×)
8th Cir. · 2006 · confidence medium
United States v. Lazenby, 439 F.3d 928, 933 (8th Cir.2006). 7 After reviewing the facts of this case, we conclude that the district court abused its discretion by sentencing Mr. Medearis to only five years of probation.
discussed Cited as authority (rule) United States v. Archie A. Mack
8th Cir. · 2006 · confidence medium
The district court must first determine the defendant's advisory guideline range, United States v. -2- Lazenby, 439 F.3d 928, 931 (8th Cir. 2006) (citing United States v. Haack, 403 F.3d 997, 1002-03 (8th Cir. 2005), and we review the ultimate sentence for reasonableness in accordance with the factors listed in 18 U.S.C. § 3553 (a).
discussed Cited as authority (rule) United States v. Archie Alexander Mack
8th Cir. · 2006 · confidence medium
The district court must first determine the defendant’s advisory guideline range, United States v. Lazenby, 439 F.3d 928, 931 (8th Cir.2006) (citing United States v. Haack, 403 F.3d 997, 1002-03 (8th Cir.2005)), and we review the ultimate sentence for reasonableness in accordance with the factors listed in 18 U.S.C. § 3553 (a).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff—Appellant,
v.
Lynn Marie LAZENBY, Defendant—Appellee; United States of America, Plaintiff—Appellee, v. Christine Marie Goodwin, Defendant—Appellant
05-2214.
Court of Appeals for the Eighth Circuit.
Mar 10, 2006.
439 F.3d 928
2006 U.S. App. LEXIS 5960
2006 WL 569284
Stephanie M. Rose, AUSA, argued, Cedar Rapids, IA, for appellant USA., David E. Mullin, argued, Cedar Rapids, IA, for appellant Goodwin., Michael L. Mollman, argued, Cedar Rapids, IA, for appellee Lazenby.
Loken, McMILLIAN, Melloy.
Cited by 99 opinions  |  Published
LOKEN, Chief Judge.

Lynn Marie Lazenby and Christine Marie Goodwin pleaded guilty to conspiring to manufacture and distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846. The district court sentenced Lazenby to twelve months and one day in prison, a substantial downward variance from the bottom of her advisory guidelines range. One month later, a different judge of the same court sentenced Goodwin to 87 months in prison, the bottom of her advisory guidelines range. The United States appealed Lazenby’s sentence and Goodwin appealed her sentence as unreasonable under 18 U.S.C. § 3553(a) and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). After oral arguments, the court on its own motion consolidated the appeals for disposition. We conclude that Lazenby’s sentence is unreasonable and that the district court did not adequately consider a number of relevant factors in determining Goodwin’s sentence. Accordingly, we remand both cases for resentencing.

I.

Lazenby and Goodwin fell in love with the same methamphetamine manufacturer and distributor, Patrick , Lazenby (Lynn Lazenby’s ex-husband, who is now serving a long federal prison sentence). The two women became methamphetamine users at Patrick’s behest. More significantly, Laz-[*930] enby and Goodwin assisted Patrick and other more culpable conspirators in the manufacture and distribution of methamphetamine.

Lazenby’s Offense Conduct. Beginning in early 2003, Lazenby purchased precursor items for the manufacture of methamphetamine and drove Patrick to rural areas'where he'could steal anhydrous ammonia. When Patrick was arrested in early 2004, Lazenby took Up with a new boyfriend, conspirator Daniel Allie. She remained active in the conspiracy, purchasing precursor items for Allie and allowing her home to be used for the sale and use of methamphetamine in exchange for user amounts of methamphetamine. When arrested in October 2004, Lazenby called Allie at her home to warn him she had been arrested. A later search of the home uncovered evidence of methamphetamine manufacture — -peeled lithium batteries, burned aluminum foil, muriatic acid, a cooler and tubing that smelled of anhydrous ammonia, baggies, and a small amount of methamphetamine. The Iowa Department of Human Services removed Lazenby’s five-year old son from the home. when his hair tested positive for chronic exposure to methamphetamine. In her plea agreement, Lazenby stipulated she “knew that Allie and his associates used at least 100 grams of pseu-doephedrine in the manufacture of methamphetamine.”

Goodwin’s Offense Conduct In March 2003, Goodwin was caught shoplifting lithium batteries and pseudoephedrine at a Wal-Mart store. A search incident to the arrest uncovered more pseudoephedrine, four cans' of starter fluid, two propane cylinders showing signs of exposure to anhydrous ammonia, and other objects consistent with methamphetamine production. When Goodwin was again arrested for shoplifting lithium batteries in September 2003, police uncovered a spoon and homemade pipe that tested positive for methamphetamine. As a result of the arrests, Goodwin began living at the Gerald R. Hinzman Center, a half-way house. She also maintained a “furlough residence” with Patrick Lazenby in Cedar Rapids. A warrant search of this residence in January 2004 uncovered evidence of methamphetamine production, including tanks of anhydrous ammonia, boxes of pseu-doephedrine, heavy tubing, and lithium batteries. In her plea agreement, Goodwin stipulated that she “purchased at least 300 grams of pseudoephedrine for use in the manufacture of methamphetamine.”

Lazenby’s Sentencing. In determining Lazenby’s advisory guidelines sentencing range of 70 to 87 months in prison, the parties and the court agreed on a base offense level of 32 based on at least 100 grams but less than 300 grams of pseu-doephedrine. See U.S.S.G. § 201.11(d)(4). The government agreed that Lazenby qualified for “safety valve” relief. The district court denied a two-level reduction for her role in the offense. To support her claim for a downward variance from the guidelines range, Lazenby called three witnesses who testified that she was allowed to care for her son during weekdays and has a loving relationship with him, that she has attended meetings of a Moms Off Meth support group and passed post-arrest drug tests, and that she is a valued and trusted employee.

The district court sentenced Lazenby to twelve months and one day in prison. The court found it highly unlikely she will commit future crimes and noted that she made extraprdinary efforts to reunite with her son, probably used methamphetamine only on the weekends because she was able to “maintain a high level of job performance on what would be a relatively stressful job,” and was drawn into the conspiracy as[*931] a result of her poor choices in relationships with men. Regarding the need to avoid unwarranted sentencing disparity, the court stated: “the sentence that I’m about to give is a sentence that I would give for a similarly situated individual post-Booker, and hopefully the sentences on the whole will be somewhat less harsh in the post-Booker world.” The government objected to the sentence as unreasonable and now appeals.

Goodwin’s Sentencing. One month later, Goodwin appeared for sentencing before a different district judge who had previously sentenced Patrick Lazenby and eleven other participants in separately prosecuted but overlapping methamphetamine conspiracies. The parties and the court agreed on a base offense level of 34 based on at least 300 grams but less than 1000 grams of pseudoephedrine. See U.S.S.G. § 2D1.11(d)(3). Goodwin’s base offense level is two levels higher than Lazenby’s because Goodwin stipulated to being involved in a greater quantity of pseudoephedrine. The government agreed that Goodwin qualified for “safety valve” relief. The government explained that it was not filing a substantial assistance motion because, while Goodwin cooperated with the government and stood ready to testify against other conspirators, her testimony was not needed when they pleaded guilty. As with Lazenby, the district court denied a two-level reduction for Goodwin’s role in the offense. This produced an advisory guidelines range of 87-108 months.

To support her claim for a downward variance from the guidelines range, Goodwin introduced letters from family members and present and former employers stating that she has ended her dependence on drugs, reestablished ties with her children and her niece, and become a reliable and valued employee. Government counsel urged a sentence at the bottom of the guidelines range but, responding to a question by the court, said she was not authorized to support a sentence .below that range. Government counsel noted that the court could consider the time Goodwin spent at the Hinzman Center in deciding whether to grant a downward variance under § 3553(a), because the Bureau of Prisons was unlikely to credit that time towards her sentence. But again, the government refused to request a sentence beneath the guidelines range on that ground. The district court then sentenced Goodwin to 87 months in prison. Goodwin appeals the sentence as unreasonable. [1]

II.

Under Booker, the sentencing guidelines are no longer a mandatory regime. Instead, the district court must take the advisory guidelines into account together with other sentencing factors enumerated in 18 U.S.C. § 3553(a). 543 U.S. at 259-60, 125 S.Ct. 738. In fashioning an appropriate sentence, the district court must first calculate the applicable guidelines sentencing range. United States v. Haack, 403 F.3d 997, 1002-03 (8th Cir.), cert. denied — U.S. -, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005). The court may then impose a sentence outside the range in order to “tailor the sentence in light of [the] other statutory concerns” in § 3553(a). Booker, 543 U.S. at 245-46, 125 S.Ct. 738. When the district court has correctly determined the guidelines sentencing range, as in these cases, we review the resulting sentences for reasonableness,[*932] a standard akin to our traditional review for abuse of discretion.

The Guidelines were fashioned taking the other § 3553(a) factors into account and are the product of years of careful study. Thus, the guidelines sentencing range, though advisory, is presumed reasonable. See United States v. Lincoln, 413 F.3d 716, 717 (8th Cir.2005); United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005). When the district court varies from the guidelines range based upon its analysis of the § 3553(a) factors, we must examine whether “the district court’s decision to grant a § 3553(a) variance from the appropriate guidelines range is reasonable, and whether the extent of any § 3553(a) variance ... is reasonable.” United States v. Mashek, 406 F.3d 1012, 1017 (8th Cir.2005); see Haack, 403 F.3d at 1004. “Sentences varying from the guidelines range ... are reasonable so long as the judge offers appropriate justification under the factors specified in 18 U.S.C. § 3553(a). How compelling that justification must be is proportional to the extent of the difference between the advisory range and the sentence imposed.” United States v. Johnson, 427 F.3d 423, 426-27 (7th Cir.2005) (citation omitted). A “range of reasonableness” is within the court’s discretion. United States v. Saenz, 428 F.3d 1159, 1165 (8th Cir.2005).

The notable aspect of these appeals is the extreme disparity in the sentences imposed on two remarkably similar participants in the same criminal conspiracy. Moreover, a number of factors suggest that substantially greater leniency was afforded the more culpable defendant, Lynn Lazenby:

• Both Lazenby and Goodwin were drawn into the conspiracy by their relationship with ringleader Patrick Lazenby. When Patrick was convicted in early 2004, Lazenby took up with conspirator Daniel Allie and continued to assist in the manufacture and distribution of methamphetamine. By contrast, Goodwin’s PSR and plea agreement do not link her with the conspiracy after early 2004.
• When arrested in October 2004, Laz-enby called Allie and advised him to remove incriminating items from her home. Though unsuccessful, this was an obvious attempt to obstruct the investigation.
• Goodwin pleaded guilty on November 10, 2004. Within a week, three other conspirators including Lazenby pleaded guilty, and a fourth changed his plea one month later. Goodwin cooperated fully. She was willing to testify at Lazenby’s sentencing in support of portions of the PSR to which Lazenby objected. On the eve of sentencing, Lazenby admitted these portions of the PSR were true.
• Both Lazenby and Goodwin are single mothers who neglected their children while participating in the conspiracy and have made significant efforts to reunite with the children and become suitable parents. Lazenby’s five-year-old son was removed from her home when testing revealed chronic exposure to methamphetamine. Goodwin’s children were not directly harmed by the conspiracy.

Lazenby’s Sentence. We conclude that the district court granted Lazenby an unreasonable downward variance. The twelve-month prison sentence is 83% below the 70-month bottom of her advisory guidelines range. “An extraordinary reduction must be supported by extraordinary circumstances.” United States v. Dalton, 404 F.3d 1029, 1033 (8th Cir.2005). This extraordinary variance is not supported by comparably extraordinary circumstances. Lazenby’s significant post-offense rehabilitative conduct is relevant in evaluating the § 3553(a) factors. Cf. United States v. Kapitzke, 130 F.3d 820, 823-24 (8th Cir.1997) (atypical post-offense reha[*933] bilitation may support guidelines downward departure). The other factors cited by the district court, though discouraged or prohibited departure factors under the mandatory guidelines, may also be considered in applying the § 3558(a) factors under Booker. But taken together, they do not justify an 83% variance because a twelve month sentence does not adequately reflect the seriousness of and provide just punishment for Lazenby’s drug offense. See 18 U.S.C. § 3553(a)(2)(A). She assisted two different methamphetamine traffickers in the manufacture and distribution of this destructive drug for at least eighteen months. She allowed her house to be used by the drug ring, greatly endangering her young son while helping the conspiracy ruin the lives of its customers. Her post-offense rehabilitation is dramatic and hopefully permanent, but a twelve month sentence for this offense conduct “lies outside the limited range of choice dictated by the facts of the case.” United States v. Haack, 403 F.3d 997, 1004 (8th Cir.), cert. denied — U.S. -, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005); see United States v. Rogers, 400 F.3d 640, 642 (8th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1020, 163 L.Ed.2d 865 (2006).

Finally, the twelve month sentence is unreasonable because it results in unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct. See 18 U.S.C. § 3553(a)(6). The district court candidly met this point by observing that “hopefully the sentences on the whole will be somewhat less harsh in the post-Booker world.” But that is an issue for Congress, not a valid basis for exercising discretion under Booker. Congress has made avoiding unwarranted disparity a legislative priority. The disparity between Lazenby’s sentence and the far greater sentences imposed on the other less culpable members of these related conspiracies does not adequately serve this congressional objective. Lazenby’s case must be remanded for resentencing.

GoodvAn's Sentence. Goodwin’s appeal is more difficult. The district court expressly considered the Guidelines and the sentencing factors in § 3553(a) and imposed a sentence at the bottom of the advisory guidelines range. This sentence is presumed reasonable; only highly unusual circumstances will cause this court to conclude that the presumption has been rebutted. But a number of circumstances make this case highly unusual. First, the prosecutor stated at sentencing that Goodwin and Lazenby were similarly situated members of the conspiracy. In Goodwin’s plea agreement, she stipulated to being involved with 300 grams of pseudoephedrine. Less than two weeks later, Lazenby entered into a plea agreement stipulating to 100 grams of pseudoephedrine. The higher quantity increased Goodwin’s offense level by two levels and the bottom of her guidelines range by seventeen months. Yet nothing in the fact sections of the two PSRs — prepared by the same probation officer — justifies this disparity. Prior to Booker, the district court lacked discretion to remedy this type of Guidelines-created disparity. Booker gave courts discretion to cure such an injustice, but the court did not consider this factor.

Second, Goodwin was the first of her co-defendants to plead guilty. It is a fair inference that her pledge of full cooperation played a role in the rapid guilty pleas entered by her conspirators, and in Lazen-by dropping objections to the offense as described in her PSR. As a result, Goodwin’s testimony was not needed, causing the government to exercise its discretion not to move for a § 5K1.1 downward departure. Prior to Booker, the court was then virtually precluded from considering this factor. See, e.g., United States v. Moeller, 383 F.3d 710 (8th Cir.2004). Un[*934] der Booker, the prosecution’s evaluation of the cooperation factor remains critical but is less controlling. The district court did not take this change into account.

Third, the district court appeared to give too much weight to the prosecutor’s statement that she was not authorized to support a downward variance. Under the Sentencing Reform Act and Booker, sentencing discretion rests in the final analysis with the sentencing judge, not with the prosecution.

Finally, and perhaps most importantly, the district court gave too little weight to the extreme disparity between the sentences imposed on two similarly situated conspirators, Lazenby and Goodwin. Even under the mandatory Guidelines, we reviewed variations in sentencing among similarly situated defendants for abuse of discretion. See United States v. Thompson, 51 F.3d 122, 126 (8th Cir.1995). Under Booker, that discretion has increased. Perfect parity among the sentences imposed on the various members of a criminal conspiracy is no doubt impossible to achieve, given the complexity of the task. But the extreme disparity in these two sentences not only fails to serve the legislative intent reflected in § 3553(a)(6), it also suggests an arbitrary level of decision-making that fails to “promote respect for the law,” § 3553(a)(2)(A). Here, it is apparent the district court believed that Lazenby’s sentence was unreasonably low. That presented the court with a delicate and difficult problem in sentencing Goodwin, which illustrates the virtue of having the members of a criminal conspiracy sentenced, when possible, by the same district judge, even if all have pleaded guilty. The problem is significantly reduced because we have now reversed Lazenby’s sentence. In these unusual circumstances, we conclude that Goodwin’s sentence should be reversed as well.

The judgments of the district court are reversed and the cases are remanded to the district court for resentencing of Lynn Lazenby and Christine Goodwin.

1

. The United States initially argued that we have no jurisdiction to review a sentence that is within the defendant’s properly determined advisory guidelines range but withdrew this argument after our contrary decision in United States v. Mickelson, 433 F.3d 1050, 1052-53 (8th Cir.2006).