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Lots of sentencing action in the circuits

By Douglas A. Berman

A quick review of the circuit court websites reveals a whole lot of recent sentencing action: I see notable new rulings posted today coming from the First, Fifth, Sixth, Eighth and Eleventh Circuits.  Perhaps the most notable of the bunch are the Eleventh Circuit's work protecting a defedant's allocution right in US v. Carruth, No. 07-12060 (11th Cir. May 22, 2008) (available here), and the Eighth Circuit's rejection of the attempt by a district court to impose alternative sentences in US v. Desantiago-Esquivel, No. 07-1170 (8th Cir. May 22, 2008) (available here). As long-time readers may recall, I wondered about and questioned (as did others) the use/encouragement of "alternative sentences" during the post-Blakely period of constitutional uncertainty in the federal sentencing system...continue to full post

Full post as published by Sentencing Law and Policy on May 22, 2008 (boomark / email).