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Notable Fifth Circuit ruling about reach/impact of Kimbrough

By Douglas A. Berman

The Fifth Circuit issued a notable sentencing ruling yesterday in US v. Simmons, No. 08-60755 (5th Cir. May 18, 2009) (available here).  This case has bounced up and down as the district court and the Fifth Circuit try to figure out post-Booker sentencing rules.  Here is the latest insights from the Fifth Circuit about Kimbrough and related matters: Kimbrough does not limit the relevance of a district court?s policy disagreement with the Guidelines to the situations such as the cocaine disparity and whatever might be considered similar.... Whatever else in Kimbrough might require further case development, it is evident that the Supreme Court held that a district court?s policy disagreement with the Guidelines is not an automatic ground for reversal ...continue to full post

Full post as published by Sentencing Law and Policy on May 19, 2009 (boomark / email).