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Reversal of Low-End Guideline Sentence

By Melody Evans and Kirk Redmond

The Tenth Circuit recognized Gall and Kimbrough today in an unpublished reversal of a low-end guideline sentence. The decision begins:Having interpreted this court?s precedents as virtually foreclosing variances from the United States Sentencing Guidelines, the district court imposed a sentence at the bottom of the Guidelines range. We might disagree with that interpretation but it is unnecessary to revisit our precedents. Under the Supreme Court?s recent decisions in Gall [], and Kimbrough [], it is clear that the district court had greater sentencing discretion than it thought it did. Accordingly, we reverse and remand for resentencing.In fact, the district court gave voice to pre-Gall truth:[T]he recent rulings of the Tenth Circuit . . ...continue to full post

Full post as published by Kansas Federal Defender on December 28, 2007 (boomark / email).