Gibson

MEMORANDUM **

Randall K. Gibson appeals from a 188-month sentence after he pled guilty to distribution of methamphetamine. He argues the district court erred when it took the position that, although the United *534 States Sentencing Guidelines (“Guidelines”) are advisory after United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), a sentence -within the properly calculated Guidelines range is presumptively reasonable under 18 U.S.C. § 3553 (a). He also claims his sentence, set at the low end of the Guidelines range, is unreasonable.

Under Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2465 , 168 L.Ed.2d 203 (2007), a sentencing court should not presume a sentence within the applicable Guidelines range is reasonable. See United States v. Carty, 520 F.3d 984, 991 (9th Cir.2008) (en banc) Rather, the trial judge should “filter the Guidelines’ general advice through § 3553(a)’s list of factors.” Rita, 127 S.Ct. at 2469 . That caselaw was not available at the time that sentence was imposed in this case, and the district court can’t be faulted for viewing the guidelines as presumptively reasonable, as many others did at the time as well. Nonetheless, under…