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Stressing the importance of sentencing explanations by district courts

By Douglas A. Berman

In a unpublished Sixth Circuit opinion today in US v. Herrod, No. 07-2197 (6th Cir. Aug. 19, 2009) (available here), Judge Clay writes an extended and effective concurrence stressing the importance of district judges explaining their sentencing rulings fully after Booker.  Here are excerpts: The majority rejects Herrod?s claim, concluding that the sentence imposed by the district court was procedurally reasonable.  While I agree with the majority?s conclusion that the district court?s sentencing pronouncement was sufficient, I write separately on this particular issue to emphasize that sentencing judges are responsible for providing an adequate record for appeal.  Our case law imposes this obligation on district courts for reasons of fairness and practicality...continue to full post

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