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February 5, 2008

Federal district judges say the darndest things

For proof that federal district judges cannot do just anything they want at sentencing after Booker, check out the opinion of the Eighth Circuit today in US v. Wysong, No. 07-1025 (8th Cir. Feb. 5, 2008) (available here).  Here is how the brief opinion starts:

Cinthia Wysong pled guilty to one count of possession of pseudoephedrine, knowing or having reasonable cause to believe that the chemical would be used to manufacture a controlled substance, in violation of 21 U.S.C. § 841(c)(2).  At sentencing, the district court varied downward from the advisory guidelines range of 46-57 months to a term of 24 months’ imprisonment, and then suspended the 24- month sentence.  Because federal courts are not authorized by statute to suspend sentences, we reverse and remand for resentencing.

February 5, 2008 at 03:53 PM | Permalink


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