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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

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB