United States v. McCrary, No. 21-6047 (10th Cir. 2022)

Defendant-Appellant Robert McCrary challenged his forty-eight-month prison sentence for possessing fentanyl with the intent to distribute it. Although within the twenty-year statutory maximum for that offense, McCrary’s forty-eight-month sentence was four times higher than the high end of the advisory guideline range. The district court varied upward after concluding McCrary’s post-offense rehabilitation did not outweigh the fact that the fentanyl McCrary distributed resulted in another’s death. On appeal, McCrary contended his sentence was both procedurally and substantively unreasonable. After review, the Tenth Circuit concluded the appeal waiver to which McCrary agreed precluded the Court's review of his procedural arguments and that his sentence was substantively reasonable.