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February 27, 2007

Fourth Circuit reverses upward departure

The Fourth Circuit today in US v. Dalton, No. 05-5265 (4th Cir. Feb. 27, 2007) (available here), reverses an upward departure.  This is a noteworthy event in part because it is a rare event.  Here is the start of the opinion:

Thomas Dalton appeals the sentence arising from his conviction for credit card fraud in violation of 18 U.S.C. § 1029(a)(2) (2000).  He argues that the district court acted unreasonably in imposing a 105-month sentence, an upward departure of nearly eighty-five percent from the top of the advisory guidelines range.  While we decline defendant's invitation to hold any upward departure unreasonable, the degree of departure from the advisory guidelines range requires further explanation and we therefore vacate and remand for resentencing.

February 27, 2007 at 05:57 PM | Permalink


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Tracked on Mar 6, 2007 10:55:53 PM


The panel is an ideological cross-section of the Fourth Circuit as well.

Btw, this guy should get the 105 month sentence. I actually believe that he should be permanently removed from society.

Posted by: federalist | Feb 28, 2007 12:22:06 AM

I'm with federalist, but as the CA4 panel said, more explanation is necessary.

Posted by: | Feb 28, 2007 8:56:17 AM

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