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December 20, 2007

Circuits continue to have no trouble finding within-guideline sentences reasonable

Though Gall and Kimbrough dealt with non-guideline sentences, they indirectly provide further support for the instinct of most circuit courts to affirm nearly every within-guideline sentence as reasonable.  (Of course, Rita provides both direct and indirect support for this instinct.)  Two more notable circuit court decisions this week bring home this message. 

The most extended opinion on these matters is from from the Tenth Circuit in US v. McComb , No. 07-5003 (10th Cir. Dec. 18, 2007) (available here).  McComb includes an extensive discussion of Rita and procedural reasonableness.  In addition, a shorter treatment of these issues comes today from the Seventh Circuit in US v. Mendoza, No. 06-2999 (7th Cir. Dec. 20, 2007) (available here).

December 20, 2007 at 12:47 PM | Permalink


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