U.S. v. Pankow

Dist. Ct. did not commit plain error in sentencing defendant to 84-month term of incarceration on drug distribution charge, even though Dist. Ct. did not specify how much it departed from applicable 108 to 135-month guideline range due to govt.’s filing of motion under section 5K1.1 of USSG for downward departure due to defendant’s substantial assistance to govt. Calculation of traditional departures from guideline range is no longer required, and Dist. Ct. was only required to determine applicable guideline range and arrive at reasonable sentence after weighing sentencing factors in section 3553(a). As such, Dist. Ct. need not “calculate,” but must only “consider” separate reductions based on traditional departures before considering other section 3553(a) factors that could raise or lower sentence, which Dist. Ct. did prior to imposing instant sentence. Ct. rejected defendant’s contention that Dist. Ct. was required to articulate 3-step process set forth in section 1.1B1 of USSG when imposing instant sentence.