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Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

Is the First Circuit Recognizing Greater Deference Due District Court's Sentencing Decisions?

By Tom Lincoln

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In United States v. Milo, No. 06-2185 (1st Cir., Oct. 30, 2007), the First vacates and remands a sentence of time served (about 15 days) imposed by Judge Gertner on a defendant who cooperated and was contrite. But the First leaves open to the District Court to either explain more her sentence or to resentence Milo to a higher term. Throughout the opinion one gets the feeling that Chief Judge Boudin is recognizing a greater deference due to the district court's choice of sentence, and that is very good news.

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on October 31, 2007 (boomark / email).

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