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May 26, 2006

Two more notable reasonableness wins for prosecutors

As documented in this post tracking reasonableness review outcomes (which I'll be updating soon), prosecutors have done well in post-Booker appellate review of sentences.  Thursday brought two more government wins on reasonableness appeals:

At the re-sentencing, the district court did not use the factors in § 3553(a) to guide sentencing. Instead, it imposed the lowest sentence it thought might "pass scrutiny" with this court.  Rogers argues that at re-sentencing his counsel did review some of the 3553(a) factors. The district court, however, never mentions or acknowledges any of these factors at the re-sentencing.  We will not infer a reasoned exercise of discretion from a record that suggests otherwise or is silent.

May 26, 2006 at 04:40 AM | Permalink


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