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Criminal Law

: Sentencing Law and Policy

Seventh Circuit reiterates duty to explain sentencing decision

By Douglas A. Berman

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In an important new article discussed here, Professor Michael O'Hear makes a strong argument that district courts should feel a strong obligation to "explain themselves when they reject a defendant's argument" for a lower sentence.  In light of his arguments, Professor O'Hear will likely be pleased with the Seventh Circuit's work today in US v. Jackson, No. 07-3226 (7th Cir. Oct. 7, 2008) (available here).  Here is how the Jackson decision begins:Stanley F. Jackson pled guilty to one count of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1).  Jackson was on probation and supervised release when he committed the charged offense so he received a four-year sentence from the state court for violating the terms of his release...continue to full post

Full post as published by Sentencing Law and Policy on October 07, 2008 (boomark / email).

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