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Notable new Fifth Circuit opinion on post-Gall sentence review

By Douglas A. Berman

A helpful reader pointed me to the Fifth Circuit's work in United States v. Bonilla, No. 06-40894 (5th Cir. Apr. 10, 2008) (available here) which was released just today and grapples with the sentencing process the Supreme Court laid out in Gall.  Here is one of various interesting snippets:Examining the full sentencing record reveals the district court?s reasons for the chosen sentence and allows for effective review by this court.  Our task would have been easier had the district court stated its reasons explicitly on the record, a procedure we strongly recommend. A clear statement of reasons on the record also serves to prevent the inefficiency that would result from remand and resentencing if on appeal we had been unable to determine the court?s reasons from the record...continue to full post

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