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Criminal Law

: Sentencing Law and Policy

Two for Tuesday from the Seventh Circuit on sentencing

By Douglas A. Berman

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The Seventh Circuit has handed down two notable and lengthy sentencing rulings today: US v. Carter, No. 07-2438 (7th Cir. Aug. 19, 2008) (available here) US v. Clark, No. 07-1297 (7th Cir. Aug. 19, 2008) (available here) Though both rulings are meaty and important, the Carter case is the must-read of the pair.  In Carter, the panel affirm a below-guideline sentence of 24 months' imprisonment as reasonable despite an applicable advisory guidelines range of 87 to 108 months? imprisonment. Here are the panel's concluding sentiments in Carter:The record makes clear that the district court did not select the sentence arbitrarily, base the sentence on impermissible factors, fail to consider pertinent section 3553(a) factors or give an unreasonable amount of weight to any pertinent factor...continue to full post

Full post as published by Sentencing Law and Policy on August 19, 2008 (boomark / email).

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