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Sixth Circuit vacates sentence for lack of adequate explanation

By Douglas A. Berman

Though very few post-Gall appeals lead to reversals of sentences as substantively unreasonable, we are still getting a reasonable number of opinions concluding that a district court has failed to adequately explain the reasons for the sentence it has imposed.  The Sixth Circuit today, for example, in US v. Gapinski, No. 08-1193 (6th Cir. April 2, 2009) (available here), demands a redo because "the record does not show that the district court considered and explained its reasons for rejecting Gapinski?s nonfrivolous argument for a lower sentence based upon substantial assistance to the government."

Full post as published by Sentencing Law and Policy on April 02, 2009 (boomark / email).