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Third Circuit reasonably reviews rules for reasonableness review

By Douglas A. Berman

The Third Circuit's decision Thursday in US v. Sevilla, No. 07-1105 (3d Cir. Sept. 4, 2008) (available here), explains the circuit's standards for reviewing a sentence for procedural reasonableness.  Here is how the opinion starts:Where, as here, a convicted criminal defendant presents to the District Court a colorable argument for a lower sentence under 18 U.S.C. § 3553(a), and the District Court fails to address that argument, must the defendant then object in order to preserve the argument for appeal? We conclude that, under our precedent, he need not. Accordingly, we review the District Court?s omissions in this case not for plain error, but to determine whether the Court properly exercised its discretion by giving meaningful consideration to the relevant factors...continue to full post

Full post as published by Sentencing Law and Policy on September 05, 2008 (boomark / email).