November 29, 2006
An eschatocol on circuit affinity for the guidelines
In the wake of rulings from the Second and Third Circuits yesterday affirming within-guidelines sentencing, the First Circuit provides "an eschatocol of sorts" as it affirms a within-guideline sentence in US v. Pelletier, No. 06-1287 (1st Cir. Nov. 28, 2006) (available here). Here is the court's penultimate paragraph:
We add an eschatocol of sorts. Post-Booker, the sentencing guidelines, though advisory, remain an important datum in constructing a reasonable sentence. Consequently, a defendant who attempts to brand a within-the-range sentence as unreasonable must carry a heavy burden.
Perhaps it is just me, but this eschatocol sounds a lot like the creation of a presumption of reasonableness for within-guideline sentences. And yet, the First Circuit has previously eschewed such a presumption.
November 29, 2006 at 07:36 AM | Permalink
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Of course, eschatocol. Duh, DAB. It turns out that the First Circuit also has a thesarus, possibly on loan from Judge Fernandez. They may even have access to Wikipedia.
Posted by: | Nov 29, 2006 9:24:01 AM
My zoology text suggests that the life expectancy of an eschatocol is under seven months, according to the latest studies from Professors Rita and Claiborne.
Posted by: Peter G | Nov 29, 2006 1:59:52 PM
Who would have guessed from "eschatocol" that Selya wrote the opinion?
Posted by: | Dec 7, 2006 2:01:39 PM