September 11, 2007
Notable Rita reversal from the Seventh Circuit
Through a relatively short opinion in US v. Ross, No. 07-1215 (7th Cir. Sept. 11, 2007) (available here), the Seventh Circuit covers a lot of notable post-Rita ground. The first paragraph of the opinion highlights the main issues in Ross:
William Ross challenges his 78-month sentence for his role in a conspiracy to possess and distribute cocaine and marijuana. Because it appears from the record that the district court improperly applied a presumption of reasonableness for a within-guidelines sentence, we vacate the sentence and remand for resentencing.
September 11, 2007 at 11:14 AM | Permalink
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I have a 3rd Circuit appeal where I am challanging the district court for giving the guidelines a presumption of reasonableness. The district court said “I see no basis on this record to fashion a sentence below the advisory guideline range.” I wonder if anyone else thinks the language in Ross is similar enough to give any hope?
In Ross the district court said it could not sentence defendant below the guidelines unless defendant "presented some kind of good reason" to do so.
Posted by: Michael Hadley | Sep 11, 2007 1:37:22 PM