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Review of Below-Guidelines Sentences

By Bill Theis

United States v. Darryl Wallace, No. 05-3675 (August 14, 2006): The Court reversed a below Guidelines sentence. It perceived that the district court had taken into account the actual loss, not the intended loss, the latter being considerably higher. Although it reversed and remanded, the Court emphasized several points of importance to the defense bar.The government complained vigorously that the sentence imposed was a 100% reduction, which was a higher percentage than the reductions disapproved in several cases from the Eighth Circuit. To this, the Seventh Circuit replied, "We are reluctant to distill the reasonableness inquiry into a numbers game . . ."The Court also addressed the distinction between reasons for a variance that cut across all cases and reasons that are more individualized...continue to full post

Full post as published by Seventh Circuit Blog on September 05, 2006 (boomark / email).