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Sixth Circuit decides it lacks jurisdiction to review discretionary decision to deny a sentence reduction

By Douglas A. Berman

The Sixth Circuit has an interesting little panel decision today in US v. Bowers, No. 08-5595 (6th Cir. Aug. 12, 2010) (available here), which gets started this way: Although it has been over five years since the Supreme Court?s thoroughgoing reform of federal sentencing law in United States v. Booker, 543 U.S. 220 (2005), a number of open questions remain regarding that decision?s ramifications.  In particular, this case requires us to decide Booker?s impact ? if any ? on our jurisdiction to hear the appeal from a district court?s decision to reduce (or decline to reduce) a final sentence under 18 U.S.C. § 3582(c)(2) (?§ 3582(c)(2)?) and/or Federal Rule of Criminal Procedure 35(b) (?Rule 35(b)?).  Because the Supreme Court has recently clarified that Booker does not apply to such sentence-reduction proceedings, see Dillon v...continue to full post

Full post as published by Sentencing Law and Policy on August 12, 2010 (boomark / email).