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Criminal Law

: Sentencing Law and Policy

Sixth Circuit isn't cruel to variance based on co-defendant disparity

By Douglas A. Berman

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The Sixth Circuit affirmed a district court's below-guideline sentence in notable opinion Monday in US v. Presley, No. 07-1147 (6th Cir. Nov. 24, 2008) (available here). After reading this opinion, prosecutors may check into heartbreak hotel, while defendants concerned about the jailhouse rock. Here is the start of the hound-dog opinion that sentencing judges may come to love tenderly: Plaintiff-Appellant the United States of America appeals the district court?s resentencing of Defendant-Appellee Keith Presley to 120 months of incarceration, a downward variance from his Guidelines range of 360 months to life. Presley and his co-defendant, Kevin Davis, were found guilty of various counts arising from a drug and money-laundering conspiracy, and both were sentenced to 360 months of incarceration...continue to full post

Full post as published by Sentencing Law and Policy on November 25, 2008 (boomark / email).

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