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August 22, 2006

Eleventh Circuit rebuffs various crack arguments

The Eleventh Circuit today in US v. Pope, No. 05-11552 (11th Cir. Aug. 22, 2006) (available here), discussed and rejects a number of constitutional challenges to a long sentence imposed in a crack case.  Though the defendant apparently did not directly attack the reasonableness of his sentence, the Pope court discusses post-Booker sentencing standards at some length.  And, to its credit, the court describes reasonableness review in decidedly non-guideline terms:

Our reasonableness review is "deferential" and focuses on whether the sentence imposed fails to achieve the purposes of sentencing as stated in ยง 3553(a). Moreover, we recognize that a range of reasonable sentences exists from which the district court may choose.

August 22, 2006 at 11:28 AM | Permalink


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Nobody is above the law. Although we ca often discuss it and the results that it brings.

Posted by: howard | Aug 22, 2006 3:03:06 PM

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