« State judge adds banishment to long sentence | Main | Tougher (but still not tough enough?) on DUI »

September 17, 2007

Sixth Circuit upholds variance based on family circumstances

The Sixth Circuit gets Booker jurisprudence off to a flying start this morning through its ruling in US v. Baker, No. 05-6874 (6th Cir. Sept. 17, 2007) (available here).  In Baker, the Sixth Circuit rejects the government's complaints about a below-guideline probation sentence given for a relatively minor firearm offense. 

Of particular note, especially with Gall and Kimbrough on the SCOTUS horizon, is the panel's statement that "we focus more on the reasons justifying the variance, rather than the extent."  And here the reasons focused on the defendant's caretaking for his ill son and his genuine remorse.  The Sixth Circuit's rebuffing of the government's argument suggests that post-Booker sentencing can include a genuine concern for family values.

September 17, 2007 at 10:27 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200e54ef3dc9d8834

Listed below are links to weblogs that reference Sixth Circuit upholds variance based on family circumstances:

Comments

What are the legal rights for a probationor that is trying to move from one
state to another? And what are his options?

Posted by: Victor | Sep 19, 2007 9:04:48 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