Sentences with phrase «guideline sentences reasonable»

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

Not exact matches

In a circuit where within - guidelines sentences were per se reasonable, I think his dissent would carry the day.

Around the country, federal judges have grappled with ways to calculate reasonable sentences for corporate criminals under the guidelines that say the higher the financial losses the longer the sentence.

If, however, a district court freely decides that the guidelines suggest a reasonable sentence, then on appellate review the defendant must explain why the district court was wrong.

The Supreme Court's decision in Rita — which, of course, declared reasonable Victor Rita's 33 - month prison sentence for perjury and obstruction — stressed the importance and value of reasons given for federal sentencing decisions to aid the evolution of sound sentencing guidelines.

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

-- arguments that a «Guidelines sentence is not reasonable under § 3553 (a) because it expressly declines to consider various personal characteristics of the defendant.»

The difference would be that on appellate review, rather than reviewing a within - guidelines, presumptively - reasonable sentence, the Court would be reviewing a way - above - guidelines sentence — which of course it could still affirm as substantively reasonable.

Even if within - guidelines sentences are presumed reasonable, appellate courts have differed on the precise standard a party must meet to overcome that presumption.

First, if the guidelines are completely non-severable in all cases (as two district judges have held), she has a right to resentencing; at resentencing she would have a reasonable argument that the SRA's requirement of «a sentence sufficient, but not greater than necessary,» would call for a sentence with no jail time.

Bush has thrown a monkey - wrench in that and has also made it far more difficult for the administration to support mandatory minimums and harsh sentences in general, as well as made it difficult to argue that guidelines sentences are reasonable.

But it still leaves open the question of when a within - guidelines sentence is both procedurally and substantively reasonable.

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.

But based on the facts that the sentencing judge found, by a preponderance of the evidence, which Sedore did not admit and the jury did not find beyond a reasonable doubt, the Guidelines advised a range of 84 to 105 months.

Though I agree with the majority that the district court followed the proper procedures in calculating the Guidelines range and considering the 18 U.S.C. § 3553 (a) factors, I disagree with the majority's conclusion that the sentence imposed is substantively reasonable, and thus, I respectfully dissent...

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.

The result the Court reaches means that the Guidelines will still be out there, judges will still make factual findings that enhance the sentences, and Courts of Appeal will still uphold these sentences as «reasonable» even though the jury never found the facts that support the enhancement.