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July 21, 2006

Seventh Circuit affirms above-guideline sentence

Though not appearing to break any new ground, the Seventh Circuit affirmed an above-guideline sentence on Friday in US v. Howard, No. 05-3216 (7th Cir. July 21, 2006) (available here).  The sentence in Howard was nearly 5 years above the top of the guideline range (which was just under 20 years). 

Notably, the Seventh Circuit in Howard says once again that "the concept [of departures] has been rendered obsolete in the post-Booker world."  I continue to find it peculiar that the Seventh Circuit affords a guideline sentence a presumption of reasonableness at the same time that it rejects a key facet of the entire guideline sentencing system.

July 21, 2006 at 11:51 PM | Permalink


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