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By Kent Scheidegger et al.

A Below-Guideline Sentence Unreasonable in Sixth Circuit: At Sentencing Law and Policy, Doug Berman reports a split Sixth Circuit panel reversed "a sentence well below the guidelines as substantively unreasonable." The opinion, U.S. v. Funk, No. 05-3708, was released today. Berman comments: "There is a lot of Funky spunk in both the majority opinion's effort to make sense of reasonableness review," and notes that "reasonableness review" is "challenging." Berman points to Judge Bogg's dissent as an example as to why reasonableness review after Rita, Kimbrough, and Gall, is difficult for appellate courts to implement. Berman comments that given the split, the case may be ripe for en banc review. This means more review for a case that has been around since Funk's 2002 federal indictment for conspiring to possess cocaine and marijuana with intent to distribute...continue to full post

Full post as published by Crime and Consequences on July 22, 2008 (boomark / email).