United States v. Pierre, No. 05-6629 (2d Cir. Sept. 22, 2006) (found here)
A quick note on an above-Guidelines sentence affirmed as reasonable, albeit in a slightly different context.
Pierre violated the terms of his probationary sentence and was sentenced to two years imprisonment for that violation -- notwithstanding that the Government and the advisory Guidelines revocation table (Section 7B1.4(a)) called for a sentence of between three and nine months. The Second Circuit affirmed the two year sentence as "substantively reasonable" in light of the district court's findings, including that it had already afforded Pierre substantial lenience and that Pierre had demonstrated a total lack of respect for the law as well as a pattern of criminality. The court also noted Pierre's cognitive and psychological limitations, "but found that this circumstances did not explain or excuse the extent of his failure while on probation."
Although likely warranted here, the affirmance of this above-Guidelines sentence is consistent with the discouraging nationwide pattern of reversing below-Guidelines sentences as unreasonable and affirming above-Guidelines sentences as reasonable.
As an aside, the Second Circuit noted in an unusual footnote that "[a]lthough it is not this Court's role to determine where Pierre is held during the term of his incarceration, we hope that efforts are made to ensure that he is in a facility that provides the mental and vocational services he clearly needs." Query whether the BOP will ever receive this message from the Second Circuit.