Woodcook

MEMORANDUM **

Shane Jacob Woodcook pled guilty to interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312 , theft of identity, 18 U.S.C. § 1028 (a)(7), and interstate transportation of stolen property, 18 U.S.C. § 2314 . In an earlier appeal, we vacated Woodcook’s 41-month sentence and remanded for resentencing because the district court erred in applying an enhancement for reckless endangerment under U.S.S.G. § 3C1.2. On remand, the district court again imposed a 41-month sentence. Woodcock contends that his above-Guidelines sentence is unreasonable.

Disavowing any reliance on U.S.S.G. § 3C1.2, the district court on remand took the Guidelines range as a “starting point” for determining Woodcock’s sentence. The district court concluded that a 41-month sentence, which was four months above the Guidelines range, was the lowest reasonable term in view of the kinds of sentences available, the nature of Woodcock’s offenses, his history of felony convictions, the need to promote respect for the law and the need to protect the public. The district court indicated that it had considered the § 3553(a) factors, United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160…