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Seventh Circuit requires "some minimal explanation" for sentencing modification ruling

By Douglas A. Berman

The Seventh Circuit has issued a notable little opinion today in US v. Marion, No. 09-2525 (7th Cir. Dec. 29, 2009) (available here), concerning a district court's obligations when ruling on a federal defendant's motion for a sentence reduction under 3852(c)(2). Here is the heart of the ruling: Although ruling on a motion to reduce is not the same as imposing a sentence, we think that the reasoning behind requiring a brief statement of reasons at sentencing compels a similar requirement when deciding a motion to reduce. Some statement of the district court?s reasoning is necessary for this court to be able to meaningfully review its decision.... We think that a district court?s order on a motion for a sentence reduction pursuant to 18 U.S...continue to full post

Full post as published by Sentencing Law and Policy on December 29, 2009 (boomark / email).