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Reversing a hot Pepper in the Eighth Circuit

By Douglas A. Berman

The Eighth Circuit today handed down an opinion in US v. Pepper, No. 06-2453 (8th Cir. Mar. 11, 2008) (available here), which highlights the enduring struggle of post-Booker appellate review of sentencing.  Here is how the case starts:In United States v. Pepper, 412 F.3d 995, 999 (8th Cir. 2005) (Pepper I), we held the district court erred by granting a 75% downward departure for Jason Pepper?s (Pepper) substantial assistance and imposing a sentence of 24 months imprisonment, because the district court erroneously based the extent of the departure on matters unrelated to Pepper?s assistance.  On remand, the district court granted a 40% downward departure (five offense levels) for substantial assistance, followed by a 59% downward variance (eight offense levels), and again imposed a sentence of 24 months imprisonment...continue to full post

Full post as published by Sentencing Law and Policy on March 11, 2008 (boomark / email).