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Sixth Circuit splits on the substantive unreasonableness of probation sentence in fraud case

By Douglas A. Berman

Today in US v. Hunt, No. 06-6300 (6th Cir. April 11, 2008) (available here), a panel of the Sixth Circuit splits over the substantive reasonableness of a probation sentence in a fraud case.  Here is one notable passage from the majority (with cites omitted):The district court appears to have relied in substantial part on its doubt that Hunt intended to commit fraud. If the district court did so rely, then it is necessary for us to remand under the abuse-of-discretion scope of review. This is because it would be improper for the judge in sentencing to rely on facts directly inconsistent with those found by the jury beyond a reasonable doubt.  Indeed, we have stated repeatedly, albeit outside the sentencing context, that a district court abuses its discretion when it relies on clearly erroneous facts...continue to full post

Full post as published by Sentencing Law and Policy on April 11, 2008 (boomark / email).