United States v. Zeilman

Summary

Warren Zeilman appealed his 18-month below-Guidelines sentence for possession of pseudoephedrine to manufacture methamphetamine, arguing the district court should have imposed a non-custodial sentence. The Second Circuit affirmed, holding that the sentence was not substantively unreasonable given the seriousness of the offense, the court's already significant downward variance from the 70-87 month range, and Zeilman's ineligibility for probation under Zone D of the Sentencing Guidelines. The deferential standard of review requires reversal only if the sentence is "shockingly high, shockingly low, or otherwise unsupportable," which was not the case here.

Holdings

1. The sentence of 18 months imprisonment is not substantively unreasonable.

Questions Presented

1. Whether the sentence of 18 months imprisonment was substantively unreasonable.

Disposition

affirmed