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February 7, 2006

A day for reasonableness review

In addition to an en banc argument in the First Circuit on reasonableness review (discussed here and here), and a notable amended opinion in the Ninth Circuit (details here), today also brought at least two notable reasonableness opinions from two other circuits:

  • Continuing its pattern (see here), the Eleventh Circuit in US v. Montgomery, No. 05-13935 (11th Cir. Feb. 7, 2006) (available here), affirms, over the government's appeal, a below guideline sentence in a fraud case.  Notably, Montgomery is unpublished, but still merits attention for how it talks through an justifies a below-guideline sentencing in light of the provisions of 3553(a).

  • Continuing its pattern (see here and here and here), the Eighth Circuit in US v. Lewis, No. 05-2248 (8th Cir. Feb. 7, 2006) (available here), affirms, over the defendant's appeal, a long within-guideline sentence in a crack case.  Notably, Lewis does barely any analysis of how the provisions of 3553(a) are served by a 30-year sentence in this case and relies heavily on the presumption of reasonableness for a within-guideline sentence.

February 7, 2006 at 05:55 PM | Permalink


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