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Ninth Circuit affirms above-guideline sentence with Kimbrough twist

By Douglas A. Berman

In a long and intricate opinion covering lots of issues, the Ninth Circuit today affirmed an above-guideline sentence in US v. Tankersly, No. 07-30334 (9th Cir. 2008) (available here). Here are snippets from the start of the opinion: Kendall Tankersley appeals a 41-month sentence imposed following her guilty plea to a three-count Information charging her with conspiracy to commit arson and destruction of an energy facility... We must decide whether a sentence outside the applicable advisory guidelines range is per se unreasonable when it is based on the district court?s efforts to achieve sentencing parity between defendants who engaged in similar conduct: with some targeting government property and who were properly subject to the terrorism enhancement, and others targeting only private property who were not...continue to full post

Full post as published by Sentencing Law and Policy on August 12, 2008 (boomark / email).