« USSC official statement of priorities | Main | Ninth Circuit panel reverses course on equitable Booker relief »

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

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200e54edb502e8833

Listed below are links to weblogs that reference Notable Rita reversal from the Seventh Circuit:

Comments

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

Post a comment

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