Zachary Charles Fowler v. United States
Is a sentence that falls within the advisory guideline range categorically one that does not create unwarranted disparities among defendants with similar records who have been convicted of similar conduct? As a corollary, what evidence must a court consider in reviewing whether a sentence creates unwarranted disparities among similarly situated defendants, and may a court categorically reject circuit-wide or nationwide statistics?
Is a sentence that falls within the advisory guideline range categorically one that does not create unwarranted disparities among defendants with similar records who have been convicted of similar conduct? As a corollary, what evidence must a court consider in reviewing whether a sentence creates unwarranted disparities among similarly situated defendants, and may a court categorically reject circuit-wide or nationwide statistics?