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Judge Posner (aka Hannah Remanda) finds nine things to hate about unreasonable sentence

By Douglas A. Berman

The latest Miley Cyrus hit, which has a chorus focused on the "seven things I hate about you," came to mind when I saw the today's Seventh Circuit opinion in US v. Higdon, No. 07-9351 (7th Cir. July 9, 2008) (available here).  In Higdon, Judge Posner sets out a point-by-point list of the "apparent mistakes and misunderstandings by the district judge that may have been decisive in his imposing a sentence almost three times the length of the midpoint of the guidelines range (60 months versus 21 months)."  Judge Posner's list actually includes nine problems with the district court's sentencing work, and the opinion in Higdon concludes with these notable comments before ordering a remand for resentencing: The last two mistakes or omissions, and also the first, could reflect the district judge?s possession of a personal penal philosophy at variance with the Sentencing Commission?s; and that, as we said, is permitted...continue to full post

Full post as published by Sentencing Law and Policy on July 09, 2008 (boomark / email).