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Seventh Circuit enforces requirement that district judges address non-frivolous sentencing arguments

By Douglas A. Berman

The Seventh Circuit today issued an important little opinion on post-Booker procedural requirements in US v. Villegas-Miranda, No. 08-2308 (7th Cir. Aug. 27, 2009) (available here). Here is a key passage from the ruling (with internal cites and quotes left out): Even if the sentencing court stated convincing reasons for the sentence it imposed, we cannot find its silence in response to a defendant?s principal argument to be harmless error because we can never be sure of what effect it had, or could have had, on the court?s decision.  Given that there is no dispute that Villegas-Miranda?s concurrent sentences? argument was one of his two principal arguments, if it was not so weak as to not merit discussion, the sentencing court was required to respond to it...continue to full post

Full post as published by Sentencing Law and Policy on August 27, 2009 (boomark / email).