Court of Appeals for the Ninth Circuit July 7, 2009, 06-10492 (United States v. Ringgold)

THOMAS, Circuit Judge:

This appeal concerns the question whether, after

United States v. Booker,

543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a district court abuses its discretion by declining to consider the disparity between a recommended Guidelines sentence and the maximum sentence a defendant would receive if convicted of the

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same conduct in state court.