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March 2, 2006

Eighth Circuit vacates another below guideline sentence

Continuing an appellate pattern in which below-guideline sentences are getting far greater scrutiny than within- or above-guideline sentences (details here and here and here), the Eighth Circuit today vacated a sentence in US v. Myers, No. 05-1543 (8th Cir. Mar. 2, 2006) (available here). 

In Myers, the majority ultimately concludes the record is not sufficiently developed to support a below-guideline sentence of a year down from a guideline range of 37-46 months: "We remand for imposition of sentence following more explicit and thorough consideration of all factors enumerated in section 3553(a), without expressing any opinion on the reasonableness of the sentence that should be imposed."  Notably, Judge Bye dissents and makes repeated references to the record below in support this conclusion: "Based on the district court's careful consideration of the circumstances surrounding this case, and its thorough analysis of the ยง 3553(a) factors, I cannot say the sentence imposed was unreasonable."

March 2, 2006 at 11:54 AM | Permalink


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I feel that individual shouldnt be sentence for that long amount of time...if prisons are a evaluation center then 20-50 years dont take that long for a person to learn there lesson...i feel that the 85 percent law need to be reduce to a more reasonable sentence?i mean those same prisoners are human as well..so its a fact that we all make mistakes as humans and we all learn and Grow as people to become productive men and women.

Posted by: James baxley Sr | Nov 7, 2012 5:33:57 PM

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