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Why do defense wins in sentencing appeals often go unpublished?

By Douglas A. Berman

I tend not to be a strong believer in conspiracy theories, but this news story about a significant defense victory in an unpublished Fourth Circuit sentencing ruling leds me to again wonder why so many important defense wins in sentencing appeals often go unpublished?  First, here is the press account: A federal appeals court has ordered a new sentencing hearing for a former Robeson County sheriff who admitted lying about corruption in his department.  The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled Monday that U.S. District Judge Terrence Boyle  erred in June when he sentenced Glenn Maynor to six years in prison. Boyle did not adequately explain the sentence, the appeals court ruled.... "The court's perceived need to right the wrongs that occurred in Robeson County since the 1950s is an inappropriate basis for a variance sentence, since Maynor was indisputably not responsible for any wrongdoing prior to 1994," the court said...continue to full post

Full post as published by Sentencing Law and Policy on February 10, 2009 (boomark / email).