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Split Fourth Circuit ruling upholding above-guideline sentence shows another circuit struggling with reasonableness review

By Douglas A. Berman

The Fourth Circuit today through its decision in US v. Heath, No. 07-4715 (4th Cir. March 12, 2009) (available here), provides yet another example (like yesterday's opinions from the Ninth Circuit) of circuit judges struggling to give meaning and content to substantive reasonableness review after Gall.  Here is how the majority opinion in Heath starts: Toby Franklin Heath pleaded guilty to interfering with commerce by robbery, in violation of 18 U.S.C.A. § 1951 (West 2000) ("Count One"), and possessing a firearm after being convicted of a felony in violation of 18 U.S.C.A. § 922(g)(1) (West 2000 & Supp. 2007) ("Count Two").  The district court sentenced him to a 240-month prison term for Count One, approximately double the Guidelines? advisory range of 100-125 months, and a concurrent 120-month prison term for Count Two...continue to full post

Full post as published by Sentencing Law and Policy on March 12, 2009 (boomark / email).