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May 27, 2008

Two sentence reversals from the Sixth Circuit

As detailed at SCOTUSblog, the Justices returned from their barbeques without anything tasty for sentencing fans.  Fortunately, the Sixth Circuit grilled up some sentences this morning in two opinion.  Here are the basics as set forth each opinion's opening paragraphs:

US v. Penson, No. 06-3419 (6th Cir. May 27, 2008) (available here):

The instant case presents this court with a particularly troubling example of a procedurally unreasonable sentence that also exceeds the statutory-maximum sentence. George Washington Penson, III (“Penson”) appeals his sentence and the judgment entered by the United States District Court for the Northern District of Ohio. For the reasons explained below, we VACATE the judgment of the district court and REMAND for resentencing.

US v. Anderson, No. 07-5037 (6th Cir. May 27, 2008) (available here):

Ms. Donna Anderson appeals her sentence imposed pursuant to her guilty plea for money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (2006). She alleges that her sentence is procedurally unreasonable because the district court incorrectly calculated her recommended Sentencing Guidelines range in at least three ways.... Because we find that, while use of § 2S1.1(a)(1) was proper, Ms. Anderson should have been considered for a two-level safety valve reduction pursuant to § 2D1.1(b)(7) and should not have been granted a four-level minor participant reduction pursuant to § 3B1.2(a), and that these errors were not harmless, we VACATE the district court’s sentence and REMAND for resentencing consistent with this opinion.

May 27, 2008 at 10:25 AM | Permalink


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