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Hitler's dog makes sentence procedurally unreasonableness, according to Seventh Circuit

By Douglas A. Berman

The headline of this post is a bit inaccurate and perhaps unduly inflammatory.  Nevertheless, it is the presence of Hitler's dog that in part makes blog-worthy the Seventh Circuit's work today US v. Figueroa, No. 09-3333 (7th Cir. Sept. 13, 2010) (available here).  Here is an explanatory section from the start of the panel opinion: The district court sentenced Figueroa to 235 months? imprisonment. This represented the low end of Figueroa?s advisory guidelines range, and so on its face there is nothing remarkable about his sentence either. But the process the district court used to get there ? in particular, its extraneous and inflammatory comments during the sentencing hearing ? cast doubt on the validity of the sentence.  During the hearing, the district court digressed to discuss Figueroa?s native Mexico, the immigration status of Figueroa and his sisters, and the conditions and laws in half a dozen other countries ? not to mention unnecessary references to Hugo Chávez, Iranian terrorists, and Adolf Hitler?s dog...continue to full post

Full post as published by Sentencing Law and Policy on September 13, 2010 (boomark / email).