Appellate Case: 24-7042 Document: 45-1 Date Filed: 06/06/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT June 6, 2025 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 24-7042 (D.C. No. 6:21-CR-00167-AEB-1) TANNER DEAN WASHINGTON, (E.D. Okla.)
Defendant - Appellant. _________________________________
ORDER AND JUDGMENT* _________________________________
Before McHUGH, MURPHY, and MORITZ, Circuit Judges. _________________________________
Defendant-Appellant Tanner Dean Washington appeals his sentence of life in
prison, which was imposed following his conviction of second-degree murder in
Indian Country. Mr. Washington pleaded guilty to the charge following the murder of
F.L., his seventeen-year-old girlfriend. Mr. Washington was twenty-four at the time
of her death. Although Mr. Washington’s U.S. Sentencing Commission Guidelines
(“Guidelines”) range was calculated at 188 to 235 months, the district court granted
* After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1. Appellate Case: 24-7042 Document: 45-1 Date Filed: 06/06/2025 Page: 2
the Government’s motion for an upward variance and sentenced Mr. Washington to
life in prison. In pronouncing the life sentence, the district court discussed the
unusual and tragic nature of F.L.’s death, the fact her body was never recovered, the
need to protect society, and Mr. Washington’s history of domestic abuse.
On appeal, Mr. Washington raises one argument: that the sentence is
substantively unreasonable. He argues that the district court did not give appropriate
weight to his acceptance of responsibility, overstated his criminal history, failed to
factor in his psychological evaluation, and created a sentencing disparity. The
Government responds that the sentence was well-supported and substantively
reasonable.
For the reasons explained below, we agree with the Government and affirm.
I. BACKGROUND
A. Factual History
This case arises from the murder of F.L., a seventeen-year-old girl. On October
29, 2019, the sheriff’s office in Seminole County, Oklahoma learned from a
clergyman that F.L. had been shot. The clergyman stated he had learned this
information from Mr. Washington, F.L.’s boyfriend at the time. The same day,
officers met with Mr. Washington, who confirmed that F.L. was his girlfriend and
that he had heard she had been shot. Mr. Washington later recanted and told
investigators he had lied. He was arrested and jailed for obstructing an officer.
Officers subsequently conducted a welfare check at F.L. and Mr. Washington’s
residence but were unable to locate F.L. in the apartment. Two days later, F.L.’s
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sister, J.L., called authorities to report that her sister was missing. J.L. reported that
Mr. Washington had told her he dropped F.L. off at a restaurant on the evening of
October 28, but when he returned, she was not there. Mr. Washington had also told
J.L. he had heard F.L. had been shot. Also on October 28, J.L. had received a
message from F.L. stating she was with a man named Darren, but J.L. doubted the
message had been written by F.L. because of its poor grammar.
By November 1, the Seminole County Sheriff’s Office asked the Oklahoma
State Bureau of Investigations to investigate F.L.’s case as a missing persons
investigation. The Bureau of Investigations determined F.L. was a homicide victim
because her friends and family had not been able to contact her, and Mr. Washington
had told multiple individuals that she was dead. Witnesses also reported to state
investigators that Mr. Washington had F.L.’s cell phone. Investigators located
Mr. Washington’s car and identified F.L.’s blood in and around the passenger seat.
They also reviewed text messages sent from F.L.’s phone and found they were
grammatically inconsistent with F.L.’s normal style. And messages sent from her
phone in the early morning hours of October 29th, asking for a ride home, were also
inconsistent with the phone’s location. The investigators further learned from J.L.
that F.L. had been living with Mr. Washington, who was physically abusive.
Finally, one of Mr. Washington’s ex-girlfriends, J.H., told investigators that on
October 28, Mr. Washington had met with her, seemed frantic, and asked her if she
thought a murderer could go to heaven. While they met, J.H. noticed blood on
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Mr. Washington’s pants and shoes. It was J.H. who arranged for Mr. Washington to
speak with the clergyman who originally reported F.L.’s murder to the police.
Since F.L.’s disappearance, law enforcement, family, and volunteers have
attempted to locate her body with no success. Even after Mr. Washington’s arrest and
eventual guilty plea, he has steadfastly refused to tell anyone where he hid F.L.’s
body.
B. Procedural History
1. Information and Guilty Plea
Prior to the events in this case, Mr. Washington was charged with domestic
abuse in June 2019, pleaded no contest, and received a two-year deferred sentence.
He was also charged in 2019 for obstructing a police officer, pleaded no contest, and
received a two-year deferred sentence.1
In May 2021, Mr. Washington was charged in the instant case for first-degree
murder in Indian Country. He pleaded not guilty and was remanded to the custody of
the United States Marshals. After pleading not guilty to a superseding indictment, in
August 2022, Mr. Washington waived indictment and was charged by information
with second degree murder in Indian Country in violation of 18 U.S.C. §§ 1111(a),
1151, and 1152. Mr. Washington pleaded guilty to the information.2
1 Mr. Washington’s only criminal conviction before 2019 was in 2015, for the unauthorized use of a credit card. He received a two-year deferred sentence. 2 The waiver of appellate rights in the guilty plea agreement reserved Mr. Washington’s ability to appeal if his sentence exceeded the Guidelines range.
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2. Presentence Investigation Report and Motion for Upward Variance
Prior to sentencing, Mr. Washington received a thorough psychological
evaluation. The evaluation reported that as a child, Mr. Washington was diagnosed
with oppositional defiant disorder, depression, and reactive attachment disorder. The
evaluation further reported that Mr. Washington had been hospitalized for psychiatric
care as a preteen and teenager, and that his limited reading skills had prevented him
from obtaining a high school degree and made him vulnerable to bullying. His IQ
was reported as below average, and his adverse childhood event (“ACE”) score was
high.
Additionally, the United States Probation Office prepared a Presentence
Investigation Report (“PSR”). The PSR calculated Mr. Washington’s base offense
level at 38 and deducted three points for acceptance of responsibility based on the
guilty plea, resulting in a total offense level of 35. Mr. Washington had a criminal
history category of II, which combined with his offense level resulted in a Guidelines
range of 188 to 235 months.
The Government moved for an upward variance based on aggravating
circumstances and extreme conduct. Specifically, the Government argued the
circumstances of the murder, including that F.L.’s body was never found;
Mr. Washington’s criminal history; his lack of remorse, and the need to protect the
public merited an above-Guidelines sentence of life in prison. The Government
further argued that the murder was “outside the heartland of murder in the second-
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degree cases” because Mr. Washington had murdered a seventeen-year-old girl and
never revealed the location of her body. ROA Vol. I at 44.
3. Sentencing Hearing
At Mr. Washington’s sentencing hearing, the district court heard evidence
from the Government concerning the extensive search for F.L.’s body. The court also
heard impact statements from F.L.’s family members. Mr. Washington called the
psychologist who had prepared his psychological evaluation, and she testified that
she believed it was unlikely he would reoffend if he had access to treatment.
However, on cross-examination, the psychologist admitted she did not speak to
Mr. Washington about the murder, and that past mental health treatment had not
stopped him from offending in the first instance.
After hearing this evidence, the district court granted the Government’s motion
for an upward variance and imposed a life sentence. The court stated it was not
varying upwards based only on the fact that Mr. Washington never disclosed the
location of F.L.’s body, but rather based on a “holistic[]” review of the 18 U.S.C.
§ 3553(a) factors and the “extraordinary and unusual and sad” nature of the case.
ROA Vol. III at 110. It explained that “the circumstances of the murder,” the fact
F.L.’s body was never found, Mr. Washington’s “history of domestic violence,” and
the “evidence as to his mental instability and inability to deal with rejection”
demonstrated that he was “a dangerous person.” Id. at 110–11. The court emphasized
that Mr. Washington initially confessed to a clergyman and then recanted, used F.L.’s
cell phone to hide the murder, and had prior convictions and arrests. Putting these
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facts together, the court explained it would apply the upward variance because of
“the nature and circumstances of the case, as well as the history and characteristics of
[Mr. Washington],” explaining:
The [c]ourt believes that a life sentence in this case is necessary to reflect the seriousness of the murder that occurred, to provide just punishment to the victim’s family and the community, and to promote respect for the law. I also believe that a life sentence is necessary to deter other people from committing similar acts, [in addition to] protect[ing] the public from [the] future crimes of Mr. Washington.
Id. at 112.
The court continued that the Guidelines range of 188 to 235 months was
insufficient to protect the public “from a man who’s willing to kill someone he
claims to love; someone who violates the rights of others, whether it be stealing their
credit card or taking their loved one away; and someone with a history of disrespect
for the law as seen by obstructing an officer.” Id. at 112–113. The court
acknowledged Mr. Washington’s “mental health struggles,” but explained it had “to
balance the need to try to fix him with the need to keep the rest of us safe and to
provide just punishment.” Id. at 113. As to the need to avoid unwanted disparities,
the court stated that “this case is unique and unusual and tragic, and so it’s this
[c]ourt’s position that this case cannot be measured against another case.” Id. at 113.
The court concluded by reiterating that it had considered “the nature and
circumstances of the offense, the characteristics of Mr. Washington, [] his criminal
history,” and the Guidelines calculations in the PSR. Specifically concerning the
Guidelines, the court stated it had “considered them and found them to be
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appropriately advisory in nature, especially in this case.” Id. The court noted that it
would have pronounced the same sentence “if given the broadest possible discretion”
because it “believe[d] strongly the specific facts and circumstances of this unique
case require[d] a life sentence.” Id. at 114.
Mr. Washington timely appealed.3
II. STANDARD OF REVIEW
“Substantive reasonableness focuses on whether the length of the sentence is
reasonable in light of the factors contained in 18 U.S.C. § 3553(a).” United States. v.
Halliday, 665 F.3d 1219, 1222 (10th Cir. 2011).4 Substantive reasonableness is
reviewed under the “familiar abuse-of-discretion standard of review,” id. (quoting
Gall v. United States, 552 U.S. 38, 46 (2007)), “looking at the totality of the
3 The district court had jurisdiction pursuant to 18 U.S.C. § 3231 because Mr. Washington committed a federal offense within the Eastern District of Oklahoma. We have appellate jurisdiction over Mr. Washington’s timely appeal of the final judgment sentencing him to life in prison under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). 4 The factors that § 3553(a) requires district courts to consider are: “(1) the nature and circumstances of the offense and the history and characteristics of the defendant;” “(2) the need for a sentence imposed [] (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed . . . correctional treatment;” “(3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established for . . . the applicable category of offense [and] the applicable category of defendant as set forth in the [G]uidelines;” “(5) any pertinent policy statement . . . issued by the Sentencing Commission;” “(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution.” 18 U.S.C. § 3553(a).
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circumstances,” United States v. Cookson, 922 F.3d 1079, 1090 (10th Cir. 2019)
(internal quotation marks omitted). “A district court abuses its discretion when it
renders a judgment that is arbitrary, capricious, whimsical, or manifestly
unreasonable.” United States v. Friedman, 554 F.3d 1301, 1307 (10th Cir. 2009)
(quotation marks omitted).
This standard applies “without regard to whether the district court imposes a
sentence within or outside the advisory Guidelines range.” Id. As such, “we do not
apply a presumption of unreasonableness to sentences outside the [G]uidelines
range.” Cookson, 922 F.3d at 1090. “Instead, we give due deference to the district
court’s decision that the § 3553(a) factors, on the whole, justify the extent of the
variance.” Id. at 1090–91 (internal quotation marks omitted). “That we might
reasonably have concluded a different sentence was appropriate is insufficient to
justify reversal of the district court.” Id. at 1091 (quotation marks omitted). However,
“[a] ‘major’ variance” from the Guidelines range “should have ‘a more significant
justification than a minor one.’” United States v. Lente, 759 F.3d 1149, 1158 (10th
Cir. 2014) (quoting Gall, 552 U.S. at 50). Given that the Guidelines range in this case
was 188 to 235 months, Mr. Washington’s sentence of life imprisonment is a major
variance that requires a “significant justification.” Gall, 552 U.S. at 50.
District courts imposing sentences are charged with “engag[ing] in a holistic
inquiry of the § 3553(a) factors,” Lente, 759 F.3d at 1174 (quotation marks omitted),
and “consider[ing] every convicted person as an individual,” Gall, 552 U.S. at 52
(quoting Koon v. United States, 518 U.S. 81, 113 (1996)). A district court should not
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rely solely on one § 3553(a) factor without addressing other relevant factors. See
Walker, 844 F.3d at 1259. “A limited, brief, or inconsistent explanation” can hinder
our review of a sentence’s substantive reasonableness. Cookson, 922 F.3d at 1091.
Therefore, we have concluded a sentence is substantively unreasonable where the
district court placed “nearly exclusive focus” on one § 3553(a) factor and did not
explain the weight afforded to other factors, preventing us from deferring to its
determination that the sentence was supported by all the § 3553(a) factors. Id.
at 1094–95.
At the same time, we owe considerable deference to the weight the district
court affords each § 3553(a) factor and to its determination of the sentence “given all
the circumstances of the case in light of the [§ 3553(a)] factors.” United States v.
Gieswein, 887 F.3d 1054, 1064 (10th Cir. 2018) (quotation marks omitted). We have
recognized that “the district court need not afford equal weight to each § 3553(a)
factor,” and we defer “not only to a district court’s factual findings but also to its
determinations of the weight to be afforded to such findings.” Cookson, 922 F.3d
at 1094 (quotation marks omitted). This is because the district court “is in a superior
position to find facts and judge their import under § 3553(a) in the individual case.”
Gall, 552 U.S. at 51. “The judge sees and hears the evidence, makes credibility
determinations, has full knowledge of the facts and gains insights not conveyed by
the record.” United States v. Barnes, 890 F.3d 910, 915–16 (10th Cir. 2018) (quoting
Gall, 552 U.S. at 51).
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III. ANALYSIS
Mr. Washington asserts his above-Guidelines life sentence is substantively
unreasonable, making four arguments. First, he argues that the Guidelines range was
sufficient to achieve the ends of justice and achieve deterrence, and the upward
variance is therefore “more than necessary” under the § 3553(a) factors. Appellant’s
Br. at 12. In making this argument, Mr. Washington stresses that because life
sentences are rare for federal crimes generally, citing national statistics, his sentence
was substantively unreasonable. Second, he argues his criminal history was over-
represented, emphasizing he had no juvenile offenses, short probation sentences, and
no formal convictions because he pleaded no contest to his previous charges. Third,
he argues that he deserved leniency for acceptance of responsibility. And fourth, he
argues the district court “underappreciat[ed]” his history and characteristics, namely
the mental and emotional challenges revealed by the psychological evaluation. Id.
at 24.
The Government responds that Mr. Washington “lays out several facts he feels
the court overlooked, undervalued, or overemphasized,” and essentially asks us to
reweigh the § 3553(a) sentencing factors. Appellee’s Br. at 11–12. The Government
argues Mr. Washington’s disagreement with the district court’s weighing of the
§ 3553(a) factors fails to demonstrate the sentence is substantively unreasonable.
We agree with the Government that Mr. Washington impermissibly asks us to
reweigh the § 3553(a) factors. Because the district court adequately considered the
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§ 3553(a) factors and provided an adequate justification for the upward variance, we
will not disturb the sentence on appeal.
First, we discuss a representative case and then turn to Mr. Washington’s
specific arguments.
A. United States v. Livingston
In United States v. Livingston, No. 21-2108, 2022 WL 15570654 (10th Cir.
Oct. 28, 2022) (unpublished)5 we held an upward variance to 240 months for second
degree murder was substantively reasonable. Id. at *1. The defendant had a history of
domestic abuse, and in one particularly “heinous” incident, beat his girlfriend so
severely that she died from her injuries. Id. After being indicted for first-degree
murder, the defendant pleaded guilty to second-degree murder, and the PSR
calculated his Guidelines range at 168 to 210 months. Id. at *3. In support of a lesser
sentence, the defendant presented evidence from a psychologist about his childhood
traumas and emphasized his young age (eighteen) at the time of the murder. Id. The
district court instead chose to vary upward to 240 months, emphasizing the heinous
nature of the crime and the defendant’s refusal to help his girlfriend after the attack.
Id. at *3–4.
On appeal, the defendant argued his sentence was substantively unreasonable
because the district court placed too much weight on his prior domestic violence
5 We cite unpublished cases for their persuasive value only and do not treat them as binding authority. See United States v. Ellis, 23 F.4th 1228, 1238 n.6 (10th Cir. 2022). 12 Appellate Case: 24-7042 Document: 45-1 Date Filed: 06/06/2025 Page: 13
incidents while ignoring his background of being an abuse victim, and that the 240-
month sentence created disparities with other second-degree murder sentences. Id.
at *4. We disagreed and affirmed, holding the sentence was substantively reasonable.
As to the argument that too much weight was placed on his past convictions as
opposed to his traumatic past, we explained that we cannot reweigh the § 3553(a)
factors on appeal. Id. at *5. We further held that a 240-month sentence was within the
“permissible range of choices” given the facts of the crime. Id. We noted that the
district court reasonably weighed “the nature and circumstances of the offense”
§ 3553(a) factor in its decision, and that “to the extent [the defendant’s] history and
characteristics did not, on their own, justify a 30-month variance, the nature,
circumstances, and seriousness of [the defendant’s] offense and offense conduct,
independent of and in combination with his history and characteristics, easily support
the substantive reasonableness of the 30-month variance.” Id. at *6. Lastly, we
explained that the district court reasonably concluded an upward variance was
appropriate given the nature and circumstances of the offense, and thus did not create
an unwarranted sentencing disparity. Id. at *7–8.
B. Application
As in Livingston, Mr. Washington killed his girlfriend after abusing her.
Unlike in Livingston, we know nothing of the circumstances of F.L.’s death, but that
is only because Mr. Washington has refused to reveal where he hid her body. We do
know that F.L.’s blood was found in Mr. Washington’s car and that he sought to
cover up his crime by stealing F.L.’s phone and sending messages to make her 13 Appellate Case: 24-7042 Document: 45-1 Date Filed: 06/06/2025 Page: 14
friends and family think she was still alive. As in Livingston, the district court here
found the nature and circumstances of the offense justified an upward variance. And
as in Livingston, the district court acknowledged psychologist testimony about
Mr. Washington’s traumatic childhood, young age, and potential for rehabilitation,
but ultimately determined the nature and circumstances of the offense and need to
protect the public outweighed those factors.
While the upward variance to life here is much greater than the 30-month
variance in Livingston, the district court provided a sufficiently “significant
justification” for the variance. Gall, 552 U.S. at 50. Importantly, the district court
explained why the nature and circumstances of the offense and the need to protect the
public outweighed the evidence concerning Mr. Washington’s mental health. It
discussed most of the § 3553(a) factors and explained why deterrence (both specific
and general), just punishment, and the nature and circumstances of the offense
militated in favor of a higher sentence. And it acknowledged the history and
characteristics of Mr. Washington—including his mental health struggles and past
offenses—explaining why the other § 3553(a) factors outweighed his arguments for
leniency, especially the need to protect the public. This discussion was sufficient
under our precedent. See, e.g., United States v. Lucero, 130 F.4th 877, 886–87 (10th
Cir. 2025) (upholding “substantial variance” based on discussion of district court’s
discussion of § 3553(a) factors and the defendant’s “lengthy and violent criminal
history”); United States v. Tom, 327 F. App’x 93, 99–100 (10th Cir. 2009)
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(unpublished) (affirming downward variance in second-degree murder case where
district court adequately justified variance under the § 3553(a) factors).
In pronouncing this sentence, the district court did not impermissibly rely on a
single § 3553(a) factor or fail to adequately consider other factors. Cf. United States
v. Crosby, 119 F.4th 1239, 1249 (10th Cir. 2024) (remanding for resentencing where
a district court focused almost entirely on a single § 3553(a) factor); Cookson, 922
F.3d at 1095–96 (same). Mr. Washington does not argue otherwise, but instead
asserts that several § 3553(a) factors should have been weighed differently. But his
disagreement with how the § 3553(a) factors were weighed does not make the
sentence substantively unreasonable. Thus, Mr. Washington’s arguments that his
criminal history was overrepresented, that he was not given enough credit for
acceptance of responsibility, and that his mental health was not adequately
considered all fail. See, e.g., United States v. DeRusse, 859 F.3d 1232, 1240–41 (10th
Cir. 2017) (holding that where appellant “simply disagrees” with how the district
court weighed the § 3553(a) factors, a sentence is substantively reasonable).
Similarly, Mr. Washington’s argument that his young age at the time of
offense should have been taken into account also impermissibly asks us to reweigh
the § 3553(a) factors, because age is a subset of the history and characteristics factor.
See United States Sentencing Commission, Guidelines Manual, § 5H1.1 (Nov. 2024).
While a district court may account for a defendant’s age in choosing to vary
downward, it is not required to do so. See id. Moreover, a district court does not
abuse its discretion by considering and rejecting such an argument as long as it
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adequately discusses the § 3553(a) factors. See United States v. Nunez-Carranza, 83
F.4th 1213, 1222–23 (10th Cir. 2023); see also United States v. Armstrong, No. 21-
8075, 2022 WL 1040277, at *3 (10th Cir. Apr. 7, 2022) (unpublished) (holding a
district court did not abuse its discretion in not giving more weight to age as a
mitigating factor); United States v. Fowler, No. 24-6087, 2025 WL 1166455, at *4
(10th Cir. Apr. 22, 2025) (unpublished) (district court did not abuse discretion in
imposing within-Guidelines sentence despite defendant’s young age (twenty-four) at
time of offense).
Finally, we disagree that Mr. Washington’s sentence creates an unwarranted
sentencing disparity. True enough, in imposing sentences, district courts are required
to consider “the need to avoid unwarranted sentence disparities among defendants
with similar records who have been found guilty of similar conduct.” 18 U.S.C.
§ 3553(a)(6) (emphasis added). Because “[t]he purpose of the sentencing
[G]uidelines is to eliminate disparities among sentences nationwide,” United States v.
Franklin, 785 F.3d 1365, 1371 (10th Cir. 2015) (internal quotation marks omitted),
when a district court “correctly calculate[s] and carefully review[s] the Guidelines
range, [it] necessarily [gives] significant weight and consideration to the need to
avoid unwarranted disparities,”6 Gall, 552 U.S. at 54. While national statistics can
6 For example, in Gall, the district court correctly calculated the Guidelines range and then “gave specific attention to the issue of disparity” when deciding whether to impose a within-Guidelines sentence. Gall v. United States, 552 U.S. 38, 54 (2007). Similarly, the district court here carefully considered whether a within- Guidelines sentence was appropriate before varying upwards. 16 Appellate Case: 24-7042 Document: 45-1 Date Filed: 06/06/2025 Page: 17
aid in this analysis, see Lucero, 130 F.4th at 890 (McHugh, J., concurring), these
reports “are not dispositive because they do not provide information into a
defendant’s individual history and characteristics,” and a defendant must “explain
how he is similarly situated with those of the national average,” id. at 887.
Here, Mr. Washington—like the defendant in Lucero—fails to explain how he
is similarly situated to other federal offenders sentenced for second-degree murder.
Instead, he simply provides statistics for federal life sentences generally to argue that
his sentence was unwarranted. This fails to show the existence of a disparity among
similarly situated defendants which could render his sentence substantively
unreasonable. See also Fowler, 2025 WL 1166455, at *5 (“Without the ability to
compare information about the offense levels, criminal histories, and specifics of the
offenses” cited in statistics, “we cannot ascertain whether the other sentences
involved similar circumstances or, if they did, whether the disparities were
warranted” (internal quotation marks omitted)).
In short, given the discretion afforded to the district court in weighing the
§ 3553(a) factors, and given the sufficient explanation for the upward variance,
Mr. Washington has not demonstrated that his sentence was substantively
unreasonable.
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IV. CONCLUSION
We AFFIRM Mr. Washington’s sentence.
Entered for the Court
Carolyn B. McHugh Circuit Judge