Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Fifth Circuit opinion affirming probation sentence shows Gall's impact

By Douglas A. Berman

The Fifth Circuit's opinion in US v. Rowan, No. 05-30536 (5th Cir. June 4, 2008) (available here), though very brief, shows the impact of Gall on how circuits are doing reasonableness review of federal sentences.   Here is an effective report on the ruling from a helpful reader:The defendant pled guilty to possession of child pornography.  His Guideline range was 46-57 months. He received five years' supervised release.  The Fifth Circuit panel had previously held in Rowan that his sentence was substantively unreasonable based on an earlier Fifth Circuit case that held that 5 years probation for child pornography was too short.  Rowan was then remanded in light of Gall. On remand, this court, in a very short opinion, affirmed...continue to full post

Full post as published by Sentencing Law and Policy on June 05, 2008 (boomark / email).