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March 3, 2005

Interesting 6th Circuit Booker dicta

The Sixth Circuit, which now has issued 20 opinions addressing Booker, today has a Booker remand which includes some interesting dicta encouraging district courts to explain its post-Booker sentencing decisions.  In US v. Jones, No. 03-6016 (6th Cir. Mar. 3, 2005) (available here), the court says:

The district court's sentence, and its exercise of discretion (if any), must be reviewed by an appellate court for "reasonableness."  Accordingly, on remand, we encourage the sentencing judge to explicitly state his reasons for applying particular Guidelines, and sentencing within the recommended Guidelines range, or in the alternative, for choosing to sentence outside that range.  Such a statement will facilitate appellate review as to whether the sentence was "reasonable."  However, we take no position as to the content or extent of such a statement.

UPDATE:  Appellate Law & Practice has more on Jones here.

March 3, 2005 at 10:43 AM | Permalink


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