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September 17, 2007

Sixth Circuit upholds variance based on family circumstances

The Sixth Circuit gets Booker jurisprudence off to a flying start this morning through its ruling in US v. Baker, No. 05-6874 (6th Cir. Sept. 17, 2007) (available here).  In Baker, the Sixth Circuit rejects the government's complaints about a below-guideline probation sentence given for a relatively minor firearm offense. 

Of particular note, especially with Gall and Kimbrough on the SCOTUS horizon, is the panel's statement that "we focus more on the reasons justifying the variance, rather than the extent."  And here the reasons focused on the defendant's caretaking for his ill son and his genuine remorse.  The Sixth Circuit's rebuffing of the government's argument suggests that post-Booker sentencing can include a genuine concern for family values.

September 17, 2007 at 10:27 AM | Permalink


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What are the legal rights for a probationor that is trying to move from one
state to another? And what are his options?

Posted by: Victor | Sep 19, 2007 9:04:48 PM

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