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June 30, 2006

Another notable reasonableness ruling from the Sixth Circuit

Though not as dramatic as yesterday's sentencing fireworks in the Sixth Circuit, the court's decision today in US v. Ossa-Gallegos, No. 05-5824 (6th Cir. June 30, 2006) (available here) has an interesting discussion of reasonableness in an illegal reentry case.  Though the decision rejects a defendant's reasonableness complaints, the panel decision implicitly suggests that the district court was justified in adjusting a sentence downward based on fast-track disparity. 

Also interesting is the assertion in Ossa-Gallegos that "avoiding nationwide disparities in sentencing is only one factor to be considered under ยง 3553(a)."  Though this point is made to reject a reasonableness claim by a defendant here, in many other cases (such as variances from crack guidelines) this key point should undercut arguments by the government trying to reverse a district court's sentencing judgment on appeal.

June 30, 2006 at 10:25 AM | Permalink


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