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A loooong Eleventh Circuit opinion reversing below-guideline sentence

By Douglas A. Berman

Though I doubt it will be quite as exciting as either the Lost season premire or the Democrats playing one-on-one, part of my evening plans now include readind the Eleventh Circuit's new 50-page(!) opinion addressing reasonableness review in US v. Pugh, No. No. 07-10183 (11th Cir. Jan 31, 2008) (available here). Here is how the long opinion starts: This appeal tests the nature and extent of appellate review over sentencing under the new regime of advisory Sentencing Guidelines.  After thorough review, we are constrained to conclude that even under the most recent Supreme Court precedent, affording substantial deference to the district court?s sentencing determinations, the district court abused its discretion by imposing a probationary sentence on the defendant in this case...continue to full post

Full post as published by Sentencing Law and Policy on January 31, 2008 (boomark / email).