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Notable Ninth Circuit dissents about reasonableness review from deneial of rehearing en banc

By Douglas A. Berman

I noted here last summer a notable split Ninth Circuit ruling affirming a below-guideline probation sentence in US v. Whitehead, No. 05-50458 (9th Cir. July 14, 2008) (available here). Today, rehearing en banc was denied in the Whitehead case, and that decision prompted two notable written dissents from Judges Gould and Reinhardt.  Judge Gould quotes Cicero and Publius Syrus and Daniel Webster in his opinion, while Judge Reinhardt ends one sentence in his opinion with two question marks!!  In short, this is a must-read for federal sentencing fans.

Full post as published by Sentencing Law and Policy on March 11, 2009 (boomark / email).