Sentences with phrase «guidelines sentence»
The phrase "guidelines sentence" refers to a recommendation made by a judge about how long someone should be sent to prison, based on the seriousness of their crime and other factors. Full definition
Secured below - guidelines sentence for an accountant alleged to have participated in an $ 80 million tax fraud associated with a string of theme - based restaurants.
thompsonhine.com
Every below guideline sentence the government appeals will be reversed as an abuse of discretion.
Does this mean that in some states people should get a below - guidelines sentence because isn't that bad?
I think it's a good thing that most judges will be giving within guidelines sentences.
The same, for some cosmic reason, won't be true of above guidelines sentences.
This is particularly obvious when guideline sentencing is involved.
During most of 1988, few of my office's cases involved guidelines sentencing.
Finally, this essay considers what guideline sentencing ought to look like if we could build it from scratch.
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.
Defended a mechanical contracting company and its president in a federal bribery investigation arising from an award of United States Post Office construction contracts and obtained a downward departure from federal sentencing guidelines sentence of incarceration to a sentence of probation.
Jan. 7, 2007)(available here), affirms an above - guidelines sentence by relying heavily on Gall.
Listed below are links to weblogs that reference Circuits continue to have no trouble finding within - guideline sentences reasonable:
By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory - minimum sentences.»
However, one can also validly say that, in FY 2006, the number of departures have nearly doubled and that the number of within - guideline sentences remains well lower after Booker than before Booker.
Rita gives an appellate panel convinced that an injustice has been done the authority to overturn a within guidelines sentencing determination in an unusual case, but it is hard to see how a reversal by an appellate court could ever be compelled under Rita.
On the one hand, those circuits that have been applying a presumption of reasonableness to within - guideline sentences now have conclusive authority that they can continue to do so.
I can offer only anecdotal evidence in response to your suggestion that the idea that many district court judges feel that the Guidelines are too harsh is «silly,» but the district court judge for whom I clerk definitely feels that way and has imposed many below - Guidelines sentences since Booker (relatively few of which have been appealed by the government).
(By the way, logic would dictate that Judge Martin would likely be replaced with a judge who's expected to respect the Guidelines from a political point of view and perhaps being a new judge, only recognizes a world in which Guidelines sentences exist....
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).
Is a presumption of reasonableness for within - guideline sentences suspect or sound?
Filling in another piece of the reasonableness puzzle, the DC Circuit on Friday adopted the (widely debated) presumption of reasonableness for within - guideline sentences after Booker.
«Sixth Circuit thoughtfully discusses due process in affirming above - guideline sentence Main A quirky tour around the blogosphere (with comments)»
For lots of reasons, Cavera is a very hard case that presents a lot of the toughest jurisprudential issues that the Supreme Court dodged in its Booker - Rita - Kimbrough - Gall discussion of advisory guideline sentencing and reasonableness review.
It tries to minimize the effect that a presumption of reasonableness will have on the gravitational pull towards within - guidelines sentences so much so that, I can't quite figure out what the point of a presumption of reasonableness («POR») is?
Listed below are links to weblogs that reference Seventh Circuit reverses below guideline sentence (without mention of Rita):
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.
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.
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.»
Ramirez affirms an above - guideline sentence by relying heavily on Gall.
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.
In fact, many judges may want to give ABOVE guidelines sentences.
On the one hand, the Court's opinion, which six Justices joined, makes it clear that within Guidelines sentences will continue to not be reversed easily.
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.
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).
Sheldon Silver Judge: «I am not going to impose a guidelines sentence in this case.»
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.
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.»
(By my rough calculation, the guideline sentence could be life or at least 360 to life.)
The Rita standard for a guidelines sentence seems to be an «abuse of discretion plus» standard of review.
I have already noticed in decisions from the Sixth and Eighth Circuits a few brief references to Rita in standard opinions affirming within - guideline sentences.
On the other hand, Rita seems to strengthen the hand of a trial judge who doesn't want to use a guideline sentence.