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June 24, 2008

Extended discussion of sentencing review by Second Circuit

The Second Circuit discusses Rita, Gall, and Kimbrough at great length in a new opinion today in US v. Jones, No. 05-5879 (2d Cir. June 24, 2008) (available here).  There is a lot to chew on here that should be of interest to folks both inside and outside the circuit.  Here is a snippet from one of many thoughtful passages from the panel in Jones (with lots of cites omitted):

Kimbrough and Gall both emphasize that, after Booker, the Guidelines’ claim on judicial respect derives from the fact that the Sentencing Commission “has the capacity courts lack” to frame Guidelines on the basis of “empirical data and national experience, guided by a professional staff with appropriate expertise.”

At the same time, however, the Court recognized that, to the extent certain Guidelines “do not exemplify the Commission’s exercise of its characteristic institutional role,” that fact could obviate the need for closer review of non-Guidelines sentences based on policy disagreements in “mine-run” cases.

June 24, 2008 at 10:45 AM | Permalink


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