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July 25, 2005

Monday morning around the sentencing blogsphere

To start your work week, here are a bunch of interesting sentencing items around the blogsphere:

[I]n overturning the district court's departure decision [despite] compelling mitigating evidence, perhaps the Court has inadvertently ... consigned the ยง 5H1.3 departure to the dustbin of history altogether.  After this case, and in light of Booker, what district judge in his or her right mind would bother with justifying such a sentence by resort to the traditional downward departure mode of analysis, which is both difficult to satisfy and easily overturned on appeal, when the same outcome could be justified as simply a "non-Guidelines" sentence under Section 3553(a)?  The latter approach is far simpler, more appeal-proof, and, yes, more reflective of our basic intuitions about fairness and justice.

July 25, 2005 at 10:40 AM | Permalink


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