U.S. v. Hayden

Dist. Ct. did not err in sentencing defendant to above-guideline, 46-month term of incarceration on charge of conspiracy to distribute marijuana. Ct. rejected defendant’s claim that sentence was unreasonable where: (1) Dist. Ct. explained that above-guideline sentence was warranted because defendant committed charged offense while he was on supervised release for prior drug conviction; and (2) defendant’s completion of 15-year sentence for prior drug conviction had not deterred him from committing instant charged offense. Fact that defendant may seek future relief based on retroactive amendment to sentencing guideline that would lower instant guideline range does not require different result, and Dist. Ct. was not required to delay sentencing so that defendant could take advantage of said amendment.