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May 26, 2006

Two more notable reasonableness wins for prosecutors

As documented in this post tracking reasonableness review outcomes (which I'll be updating soon), prosecutors have done well in post-Booker appellate review of sentences.  Thursday brought two more government wins on reasonableness appeals:

At the re-sentencing, the district court did not use the factors in ยง 3553(a) to guide sentencing. Instead, it imposed the lowest sentence it thought might "pass scrutiny" with this court.  Rogers argues that at re-sentencing his counsel did review some of the 3553(a) factors. The district court, however, never mentions or acknowledges any of these factors at the re-sentencing.  We will not infer a reasoned exercise of discretion from a record that suggests otherwise or is silent.

May 26, 2006 at 04:40 AM | Permalink

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