Does a disparity between co-defendants in a federal criminal case need to be considered as a factor in determining the appropriate sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Shuster, No. 11-5249-cr (2nd Cir. 2012):
Even if a district court does identify a disparity between co-defendants, that "disparity does not necessarily require it to adjust a sentence downward from the advisory guidelines range in order for that sentence to be reasonable . . . much less compel any particular reduction." United States v. Florez, 447 F.3d 145, 157-58 (2d Cir. 2006) (internal quotation marks and citation omitted). Rather, the district court has discretion over how much weight to give this factor.1 Id. at 158.
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