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Three notable sentencing opinions from the Eighth Circuit

By Douglas A. Berman

While I was busy teaching this morning, the Eighth Circuit handed down a notable set of published sentencing opinions  Here is the unofficial summaries of the rulings (with links) from the Eighth Circuit's website: United States v. Earl Foy, Jr., No. 09-3027 (available here): Record shows defendant was aware of the possible range of sentences he could receive, including the possibility of consecutive sentences, and any Rule 11 violation was unlikely to have impacted his decision to plead guilty; a defendant does not have the right to know his actual sentence before pleading guilty; district court gave defendant adequate notice of its intent to apply an upward variance; district court recognized that the variance from the top of the Guidelines range was substantial and it outlined all of the 3553(a) factors that drove its decision; sentence was procedurally sound and substantively reasonable, and the sentence is affirmed...continue to full post

Full post as published by Sentencing Law and Policy on August 20, 2010 (boomark / email).