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Fourth Circuit: Individualized sentencing assessment must be put on the record.

By Marks & Katz, LLC

 Bill of Rights. (From the public domain.) A federal trial judge imposed a below-guidelines sentence for a firearms case. However, on April 27, 2009, the Fourth Circuit remanded for a resentencing, based on the trial court's failure to "place on the record an 'individualized assessment' based on the particular facts of the case before it." U.S. v. Carter, __ F.3d _, slip op. at 8-9 (4th Cir., April 27, 2009). Such a trial court sentencing approach is required whether or not the sentence falls within, above, or below sentencing guidelines. Id.   In footnote 3, Carter says: "In reaching this holding, we join our sister circuits who, after Gall, have similarly vacated sentences as procedurally unreasonable because the district court failed to offer a sufficient rationale for the sentence...continue to full post

Full post as published by Underdog on April 28, 2009 (boomark / email).