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December 6, 2007

Eighth Circuit vacates above-guideline sentence

Today in US v. Wiley, No. 06-3534 (8th Cir. Dec. 6, 2007) (available here), the Eighth Circuit vataced an above-guideline sentence.  Here is an unofficial summary of Wiley from the court's website:

Defendant did not forfeit his ability to challenge the reasonableness of his sentence when he failed to make an objection to the length of the sentence after the court decided at the sentencing proceeding to vary upward from the advisory Guidelines range; given that the Guidelines took into account defendant's recidivism and his commission of the offense while incarcerated, the recommended sentence range did not so substantially under-represent the seriousness of defendant's criminal history as to justify imposing a sentence almost twice as long as the top of the advisory Guidelines range; 60 month sentence on this record was unreasonable, and the matter is remanded for resentencing. Judge Gruender, concurring.

December 6, 2007 at 09:18 PM | Permalink


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Apparently Gruender is unfamiliar with United States v. Swehla, 442 F.3d 1143 (8th Cir. 2006), which seems to have resolved the issue that his concurrence treats as open.

Posted by: CA8 watcher | Dec 7, 2007 9:45:50 AM

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