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Seventh Circuit reverses sentence for procedural unreasonableness

By Douglas A. Berman

At the end of a long opinion rejecting various trial complains, the Seventh Circuit reverses a within-guideline sentence as procedurally unreasonable in US v. Carter, No. 06-2412 (7th Cir. June 20, 2008) (available here).  In Carter, the district court seemed afraid to use public service as a basis for going outside the guidelines.  Here is a key sentence from a key portion of the panel's ruling explaining the error of the district court's undue affinity for the guidelines:The district court in this case appeared to place too much weight on the Guidelines.  The Guidelines are but one factor among those listed in 18 U.S.C. § 3553(a), and regardless of whether courts have previously recognized public service as a ground for departure from the Guidelines, sentencing courts are charged with considering as part of the § 3553(a) factors ?the history and characteristics of the defendant,? which would include a defendant?s public service.continue to full post

Full post as published by Sentencing Law and Policy on June 20, 2008 (boomark / email).