Fourth Circuit reverses significant downward variance

The Fourth Circuit today reverses a significant downward variance in US v. Pyles, No. 06-4522 (4th Cir. Apr. 11, 2007) (available here).  I may pile on with commentary later, but for now I’ll let the start of the opinion speak for itself:

Derry Drew Pyles pleaded guilty to one count of aiding and abetting the distribution of crack cocaine, in violation of 21 U.S.C.A. § 841 (West 1999 & Supp. 2000).  Although the advisory guideline range called for 63-78 months’ imprisonment, the district court imposed a variance sentence of 5 years’ probation with 6 months’ home confinement.

The district court viewed probation as an appropriate sentence in this case because of Pyles’s extraordinary rehabilitation. The Government appeals this sentence, arguing that the extent of the variance is unreasonable.  While we appreciate the thoughtfulness that went into the district court’s decision not to impose a sentence of imprisonment, we agree with the Government that the variance sentence of probation does not reflect the seriousness of Pyles’s offense or provide a just punishment.  The sentence therefore failed to satisfy adequately the sentencing factors set forth in 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2006). Accordingly, we vacate Pyles’s sentence and remand for resentencing.