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July 23, 2007

Another exposition on Rita reasonableness from the Sixth Circuit

Following up on its work last week in Liou (discussed here), the Sixth Circuit today in US v. Wilms, No. 06-1896 (6th Cir. July 23, 2007) (available here), provides another important discussion of the Supreme Court's work in Rita and what it means for post-Booker sentencing.  Here is how the opinion starts:

Defendant-Appellant Blake Wilms appeals his sentence of sixty-three months in prison following his plea of guilty to four counts of bank robbery and one count of attempted bank robbery.  Wilms argues that the district court improperly applied a presumption of reasonableness to the applicable Guidelines range, thereby failing to consider properly the sentencing factors set forth in 18 U.S.C. § 3553(a).  Because the record indicates that the district court applied a rebuttable presumption that Wilms should be sentenced within the applicable Guidelines range, we VACATE Wilms’s sentence and REMAND the case for resentencing.

July 23, 2007 at 10:01 AM | Permalink

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