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Two great sentencing opinions from the true heartland

By Douglas A. Berman

I am pleased this afternoon to spotlight two strong recent sentencing opinions from Chief District Judge Joseph Bataillon in US v. Baird and US v. McCormick.  This summary of Baird comes from a helpful reader:I don't think you have already posted this case on your cite, but there's a great discussion of Kimbrough and the sentencing guidelines in Judge Bataillon's decision in US v. Baird, No. 8:07CR204, 2008 WL 151258, 2008 U.S. Dist. LEXIS 2338 (D. Neb. Jan. 11, 2008). I believe it is one of the most informative and developed discussions of Kimbrough since the decision came out last month.  In reference to the sentencing guidelines for child-exploitation offenses, Judge Bataillon observes that those guidelines were not developed under an empirical approach, and accordingly he "affords them less deference than it would to empirically-grounded guidelines...continue to full post

Full post as published by Sentencing Law and Policy on January 29, 2008 (boomark / email).