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Criminal Law

: Sentencing Law and Policy

Sixth Circuit finds below-guideline sentence unreasonable for "inappropriate" factor

By Douglas A. Berman

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The Sixth Circuit this morning reverses a below-guideline sentence as unreasonable in US v. Davis, No. 05-3784 (6th Cir. Aug. 12, 2008) (available here), based on reliance on an "inappropriate sentencing factor." Here is how the Davis opinion starts: A jury convicted William Davis of two counts of bank fraud, after which the district court calculated a sentencing-guidelines range of 30 to 37 months. The court imposed a sentence of one day in prison because, among other reasons, Davis was 70 years old at the time of sentencing and because he had committed the underlying crimes 14 years earlier. We reverse because the second explanation for the court?s sentence represents an inappropriate sentencing factor on this record...continue to full post

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

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