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Criminal Law

: Kansas Federal Defender

'Refreshing' Sentencing News

By Melody Evans and Kirk Redmond

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We love guest bloggers, not just because we are sometimes (often) lazy, but because they offer you some variety. Today we have our very bright colleague from Wichita, David Freund, who offers this post: In a refreshing change from the usual affirmance of above guidelines sentences based on the deferential abuse of discretion standard of review after Gall & Kimbrough, in United States v. Huckins, the Circuit rejected the government?s contention that an 18 month sentence for possession of child pornography was substantively unreasonable. The court varied from a guidelines range of 78-97 months and imposed an 18 month prison sentence with 36 months supervised release. The panel noted that after Gall and Kimbrough, a factor disfavored by the Guidelines no longer excludes it from consideration under § 3553(a)...continue to full post

Full post as published by Kansas Federal Defender on June 26, 2008 (boomark / email).

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