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Thoughtful criticism of Second Circuit white-collar sentence reversal

By Douglas A. Berman

Last month, as detailed in this post, the Second Circuit issued a long opinion in US v. Cutler, No. 05-2516 (2d Cir. Mar. 17, 2008) (available here), which reversed a pair of below-guideline sentences for white-collar offenders as procedurally and substantively unreasonable. Writing in the New York Law Journal, Alan Vinegrad and Doug Bloom have now produced an extended (and mostly critical) analysis of the Culter case.  Here is a snippet from the analysis (which can be downloaded below thanks to the NYLJ):In a series of recent decisions, the U.S. Supreme Court has made clear that in establishing "reasonableness" review of sentences, its 2005 Booker decision restored the "substantial deference" that the Court decreed, over a decade ago, was owed sentencing judges...continue to full post

Full post as published by Sentencing Law and Policy on April 19, 2008 (boomark / email).