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DC Circuit splits over reasonableness of probation sentence for tax cheat

By Douglas A. Berman

The DC Circuit issues relatively few sentencing decisions, but those it hands down tend to be quite thoughtful.  Today's split panel decision in US v. Gardellini, No. 07-3089 (DC Cir. Nov. 14, 2008) (available here), is no exception. Here is how the majority opinion starts: This case exemplifies our deferential substantive review of sentences ? including outside-the-Guidelines sentences ? in the wake of Booker v. United States, 543 U.S. 220 (2005), and Gall v. United States, 128 S. Ct. 586 (2007).  The Sentencing Guidelines range for defendant Gardellini?s tax offense was 10 to 16 months. The District Court imposed probation and a fine.  On appeal, the Government challenges that below-Guidelines sentence as substantively unreasonable.  But the Government?s Guidelines-centric appellate argument overlooks the twin points that the Supreme Court has stressed in its recent sentencing decisions: The Guidelines now are advisory only, and substantive appellate review in sentencing cases is narrow and deferential...continue to full post

Full post as published by Sentencing Law and Policy on November 14, 2008 (boomark / email).