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Fourth Circuit reverses two notable sentences as (procedurally?) unreasonable

By Douglas A. Berman

The Fourth Circuit has two notable sentencing reversals today, in US v. Morace, No. 09-4007 (4th Cir. Feb. 11, 2010) (available here) and US v. v. Herder, No. 08-4420 (4th Cir. Feb. 11, 2010) (available here).  In Morace, the government prevails in its appeal of a below-guideline sentence of probation for an offense of possession of child porn.  In Herder, the defendant prevails in his appeal of a within-guideline sentence of 41 months in prison for a drug offense involving a small amount of crack.  In both cases, it is fair to surmise that the reviewing panel is not truly convinced of the substantive justice of the sentence imposed; but, in both cases, the basis for the reversal is formally procedural unreasonableness.  I see both these cases as further examples of circuit courts being much more willing to reverse a sentence on purported procedural grounds rather than saying that the district court reaching a substantively unreasonable sentencing outcome.continue to full post

Full post as published by Sentencing Law and Policy on February 11, 2010 (boomark / email).