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December 21, 2006

Two more Eighth Circuit reversals of below-guideline sentences

It is an especially rough week for criminal defendants in the Eighth Circuit, as today two different panels reversed two more downward variances from the guidelines in US v. Plaza, No. 05-4035 (8th Cir. Dec. 21, 2006) (available here), and US v. McCormick, No. 06-1716 (8th Cir. Dec. 21, 2006) (available here),  As with the pair of similar reversals earlier this week (discussed here), both cases demonstrate the circuits' continued willingness to second-guess the sentencing judgments of district courts and to rely very heavily on the guidelines when engaging in such second-guessing.

December 21, 2006 at 01:53 PM | Permalink


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This circuit is lead by very conservative activist judges with no sentencing expereince that give no deference to more experienced trial court judges that have sentenced thousands of defendants. Colloton and Gruender are former U.S. Attorneys who have never sentenced a single person but are more than willing to reverse expereinced district court judges - talk about judicial activism - these two take the cake - they have never met a downward variance that was 'reasonable" in their view. What makes them so fricking harsh that they seek to wack every defendant with as much time as possible? They are mean spirited and totally incapable of rendering justice.

Posted by: skip | Dec 25, 2006 10:59:02 PM

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