the magnitude of the variance and method of calculation were unreasonable

US v. Allen, No. 06-6111
In a case involving a variance of more than 2.5 times the top end of the U.S.S.G. recommended range, whatever latitude a sentencing court may have to adjust a sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence on the basis of evidence of a defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future. A sentence for possession of methamphetamine with intent to distribute is vacated where, although the sentencing court may consider defendant's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance and method of calculation were unreasonable.