Sentences with phrase «guideline sentence»

Meanwhile, as detailed in this blog post, Alaska's Senator Ted Stevens got some good sentencing news on Friday when a split DC Circuit panel affirmed a below - guideline sentence of probation for a tax cheat.

Attorneys who fit this mold have real experience defending criminal cases in the courtroom, will not be dissuaded to go to trial when the facts and legal issues demand it and will not settle out of fear of a presumed harsher guideline sentence.

Not long after I saw the Fourth Circuit's Pauley decision upholding a below - guideline sentence as reasonable, I discovered a similar (though split) Eleventh Circuit ruling in US v. McBride, No. 06 - 16544 (11th Cir.

In Jones, the district court relied on the defendant's misconduct in jail while awaiting sentencing to add nearly 1.5 years of additional imprisonment to his suggested guideline sentence.

Dec. 12, 2007)(available here), a panel affirms a within - guideline sentence and starts its sentencing discussion with these Gall goodies:

Mar. 5, 2008)(available here), affirms an above - guideline sentence with heavy reliance on Gall.

As detailed in the district court's sentencing opinion (available below), the facts in Gall are quite compelling in support of a below guideline sentence.

One (unnamed) commentor assails me for a a lack of «objectivity» because I critique this affirmance of an above - guideline sentence but often praise affirmances of below - guidelines sentences.

Ramirez affirms an above - guideline sentence by relying heavily on Gall.

«A preview of USSC crack retroactivity vote Main Eighth Circuit needs no Gall to affirm above - guideline sentence»

post-Booker below - guideline sentence reversed by the Eighth Circuit:

Every below guideline sentence the government appeals will be reversed as an abuse of discretion.

May 12, 2006)(available here), has reversed another below - guideline sentence as unreasonable.

In other words, (1) the Commission thought that the offense and offender characteristics in a given set of facts warranted the particular sentence now manifested in the guideline calculations, and (2) the sentencing judge concurred that the guideline sentence was an adequate reflection of the factors in 3553 (a) by imposing the sentence.

Proceedings below: Mario Claiborne received a below - guideline sentence of 15 months in prison in the district court, but the Eighth Circuit reversed this sentence as unreasonably low on the government's appeal; Victor Rita received a within - guideline sentence of 33 months in prison in the district court, and the Fourth Circuit affirmed this sentence as reasonable.

The guideline sentence in Alberta for possessing cocaine in a commercial trafficking operation that is more than minimal in scale is three years imprisonment.

Listed below are links to weblogs that reference Ninth Circuit reverses within - guideline sentence as substantively unreasonable!!

Listed below are links to weblogs that reference Sixth Circuit thoughtfully discusses due process in affirming above - guideline sentence:

A special case - specific moment: The Supreme Court has pending before it a crack - sentencing case, Claiborne v. US, although the district court in that case imposed a below - guideline sentence (which the Eighth Circuit reversed as too short).

The Sixth Circuit has a quite thoughtful opinion discussing due process in the retroactive application of the Booker remedy in the course of affirming an above - guideline sentence in US v. Barton, No. 05 - 1229 (6th Cir.

Oct. 1, 2007)(available here), the First Circuit seems no reason to await further guidance on reasonableness review before reversing a below - guideline sentence in a white - collar case.

On the sentencing court level, the absence of a presumption implies that perhaps the term «variance» is no longer compatible with the statutory structure since it conveys a sense that a guideline sentence is the presumed - correct range.

As knowledgeable readers realize, Skilling's acquittal on some charges will become largely irrelevant if and when the prosecutors argue that his guideline sentence reflect even acquitted conduct.

I think Thomas is saying that not every guideline sentence gave rise to a 6th Amendment violation, so Booker should have been limited, and if it had been, the instant sentence would not have created any 6th Amendment issue.

Rather, Marcial - Santiago only stands for the proposition that a within - guideline sentence is not necessarily unreasonable for failure to consider fast - track disparity.

With regard to any nuances of guideline - centrism — including discussions of guideline filtering to which the Court referred in apparent homage to your brief — I think the principal point of the opinion controls: that the district court operates under no presumption that the guideline sentence satisifies 3553 (a).

After Booker, a circuit court reviewing a within - guideline sentence may fairly «assume that the Guidelines, insofar as practicable, reflect a rough approximation of sentences that might achieve § 3553 (a)'s objectives.»

A helpful reader made sure I did not miss a fascinating Second Circuit panel decision today reversing an above - guideline sentence as unreasonable in United States v. Singh, No. 16 ‐ 1111 (2d Cir.

While the Crown presented several questions in its appeal, the dispositive one was whether Judge Paul erred in concluding that Ms. Giroux's actions did not attract the guideline sentence because they were not commercial in nature owing to her lack of anticipated financial gain and / or her lack of knowledge of the exact nature or amount of the drugs in her purse (at para 7).

The guideline sentence ought not be given, and a traditional departure is justified, if the offense or offender is «atypical» and thus not within the «mine - run of similar» cases.

Actually, DOJ is only recommending a within - guideline sentence for Samuel Mullet Sr. (and it is recommending well - below guideline sentences for all the other Amish defendants).

Federal sentencing fanatics know that the Paul case in the Ninth Circuit is significant because it was arguably the first (and might still be considered the only) circuit ruling that a within - guideline sentence should be reversed as substantively unreasonable.

Nov. 7, 2007)(available here), reveals yet again that some circuits view any within - guideline sentence as essentially per se reasonable.

Though a judge might reach a reasoned conclusion not to reduce a sentence based on these factors under § 3553 (a), Rita stresses that, even when giving a guideline sentence, a judge should «explain why he has rejected those arguments» put forward by defendants for a different sentence.

(In addition to the Seventh Circuit's notable reversal of a below - guideline sentence in Goldberg (discussed here), on Friday the Eighth Circuit upheld a below - guideline sentence in US v. Jimenez - Guiterrez (available here) and the Tenth Circuit discussed the obligation to state reasons in US v. Romero (available here) without any mention of Rita.)

Main Rudy Giuliani suggests Libby's within - guideline sentence is unreasonable»

Listed below are links to weblogs that reference Fascinating Second Circuit case reversing above - guideline sentence:

The case raises the question of whether a federal judge can reasonably justify an above - guideline sentence based on the local conditions (basics blogged here).

This judge has stated post-Booker that every case must begin with a guideline sentence and 3553 factors are already considered in the sentencing guidelines.

Listed below are links to weblogs that reference Seventh Circuit reverses below guideline sentence (without mention of Rita):

July 20, 2007)(available here), the Sixth Circuit affirms a district judge's choice of a within - guideline sentence because the «district court offered clear reasons for its sentence [having] articulated the various § 3553 (a) factors and then identified the two factors it found most relevant.»

On the other hand, Rita seems to strengthen the hand of a trial judge who doesn't want to use a guideline sentence.

The Goldberg decision, which was authored by Judge Posner, reverses a below - guideline sentence of just one day of imprisonment for a seemingly troubled young man convicted of downloading and sharing child porn.

But Caproni warned before sentencing that she wasn't going for the max, calling it ``, «Let me tell you now, I'm not going to impose a guideline sentence in this case.

I think imposing a guideline sentence would be draconian... given this defendant's age.»

Since Mr Assange has a history of skipping bail, it's unlikely the courts would offer this to him, meaning that he'd remain in jail for a minimum of 2 - 3 years while the case drags through the courts (noting that the guideline sentence for bail evasion is 12 months).

Shirley Huntley was sentenced to a year and a day behind bars for stealing from a nonprofit she ran, which was below the guideline sentence of 18 to 24 months.

Silver's lawyers maintain in their sentencing memo that Manhattan Federal Judge Valerie Caproni should consider «a term of rigorous community service — whether as an alternative to incarceration, or as a component of an appropriate below - guidelines sentence» due to his age and poor health.

Listed below are links to weblogs that reference Circuits continue to have no trouble finding within - guideline sentences reasonable:

The Rita standard for a guidelines sentence seems to be an «abuse of discretion plus» standard of review.