Rico v. United States · ¶49

That is what the judge did here, and it makes no difference that he started with the 33-to-36-month range and then varied downward to 16 months instead of starting with the lower range of 8 to 14 months and varying upward by 2 months based on the drug crime. Not only was this permitted by the Guidelines, but the judge stated that Rico's sentence was imposed “regardless of the applicable sentencing guideline range.” App. to Pet. for Cert. 35a. By taking petitioner's January 2022 drug crime into account in this way, the judge acted in conformity with the Sentencing Reform Act, the Sentencing Guidelines, and the authority that this Court recognized in Rita.

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