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November 29, 2006

The joys of Judge Adelman

Especially after yesterday's steady drum-beat of circuit rulings affirming within-guideline sentences, it was a pleasure today to receive Sentencing Hall of Famer Judge Lynn Adelman's latest sentencing opinion in US v. Hein, No. 06-CR-48 (E.D. Wis. Nov. 22, 2006) (available for download below).  There is nothing especially flashy about Hein; it is just another fine effort by Judge Adelman explaining why he exercised his post-Booker discretion to impose a below-guideline sentence.  Among other nice flourishes, here is Judge Adelman's proper account of how to approach post-Booker sentencings:

While the guidelines remain an important factor in the post-Booker world, the district court may not presume that they produce the "correct" sentence.  United States v. Demaree, 459 F.3d 791, 794-95 (7th Cir. 2006). Instead, the court must consider all of the relevant factors under the statute and, after considering those factors, impose a sentence sufficient but not greater than necessary to comply with the purposes of sentencing set forth in § 3553(a)(2). 18 U.S.C. § 3553(a).

Download hein_opinion.pdf

Prior posts with some of Judge Adelman's extraordinary post-Booker work:

November 29, 2006 at 04:44 PM | Permalink


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