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July 17, 2006

Ninth Circuit stresses need for sentence explanation

On Monday in US v. Carty, No. 05-10200 (9th Cir. July 17, 2006) (available here), the Ninth Circuit reviewed its approach to reasonablenes review and reversed a within-guideline sentence because the district court failed to address the 3553(a) factors that control sentencing after Booker.  Here is the Carty court's concluding paragraph:

Although several circuits have afforded a presumption of reasonableness to within-the-Guidelines sentences, [cites], we have not adopted this position.  We offer no opinion whether the district court’s within-the-Guideline sentence here was, in fact, reasonable.  We hold only that post-Booker, when imposing a sentence, a district court must provide on the record some articulation of its consideration of the § 3553(a) factors and explanation of the reasons underlying its sentence selection.  Because the district court did not create such a record, we remand for resentencing.

July 17, 2006 at 11:29 PM | Permalink


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