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February 14, 2006

Notable (unpublished) 11th Circuit reasonableness statement

An eagle-eyed reader tonight pointed me to US v. Lisbon, No. 05-12637 (11th Cir. Feb. 10, 2006) (available here), an unpublished decision in which the panel states flatly: "A sentence within the guidelines range is not presumptively reasonable. United States v. Talley, 431 F.3d 784, 787 (11th Cir. 2005)."  By my lights, this important assertion in Lisbon may read too much into Talley, which by my reading only expressly states that a guideline sentence cannot be per se reasonable.  Nevertheless, if Eleventh Circuit judges understand this to be the rule of Talley, the circuit split over reasonableness review is starting to deepen.  (In a forthcoming post, I hope to do a reasonableness circuit review.)

February 14, 2006 at 09:23 PM | Permalink

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