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March 23, 2006

Ninth Circuit on reasonableness review

The Ninth Circuit on Wednesday provided some insights into its approach to reasonableness review with its decision in US v. Rodriguez-Rodriguez, No. 05-50202 (9th Cir. Mar. 22, 2006) (available here).  Though the panel finds a within-guideline sentence reasonable, the decision makes no reference to any sort of presumption of reasonableness and it stresses the parsimony provision of 3553(a).  Here is a taste of the court's conclusion:

Considering the factors listed in § 3553(a), such as Rodriguez-Rodriguez's criminal history, the likelihood that he would attempt re-entry and the sentence calculated under the guidelines, the district court determined that a sentence of 77 months was "sufficient but no greater than necessary" to fulfill the goals of § 3553(a)(2).  The district court did not act unreasonably in imposing the sentence.

March 23, 2006 at 08:04 AM | Permalink

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