A sentence based on a mechanistic formula may be vacated on the ground that rigid sentence concepts prevent the individualized treatment of the offender that is required by due process.[389]

[389] United States v. Ward, 576 F.2d 932 (1st Cir. 1978); see Koon v. United States, 518 U.S. 81 (1996) (discussing individualized factors that may inform sentencing decision).

Ninth Circuit

POST CON RELIEF - SENTENCING - GROUND - POST-BOOKER - STATEMENT OF REASONS
United States v. Carty, __ F.3d __ (9th Cir. July 17, 2006) (district court must provide some articulation of its consideration of section 3553(a) factors and explanation of reasons underlying its sentence selection).

SENTENCING - FEDERAL - SENTENCE ENHANCEMENT
United States v. Staten, __ F.3d __ (9th Cir. Jun. 7, 2006) (enhancements resulting in disproportionate, albeit advisory, guidelines sentences must find support in facts established by clear and convincing evidence).

SENTENCING - GUIDELINES ARE NOT PRESUMPTIONS BUT STARTING POINTS
United States v. Zavala, ___ F.3d ___ (9th Cir. 2006) (court violated Booker by presuming that the advisory Sentencing Guideline calculation set forth the proper range for sentencing; advisory guidelines are a "starting point," not a presumption).

SENTENCING - GUIDELINES ARE NOT PRESUMPTIONS BUT STARTING POINTS
United States v. Zavala, ___ F.3d ___ (9th Cir. 2006) (court violated Booker by presuming that the advisory Sentencing Guideline calculation set forth the proper range for sentencing; advisory guidelines are a “starting point” not a presumption).