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Eighth Circuit affirms reduced sentence on resentencing in light of Gall

By Douglas A. Berman

Despite a well-deserved reputation for rigorous reasonableness review after Booker, the Eighth Circuit today in US v. Bueno, No. 06-4216 (8th Cir. Dec. 17, 2008) (available here), shows its softer side in the wake of Gall.  The full opinion in Bueno merits a close read, especially for those who consider using family circumstances as a basis for a below-guideline sentence.  Here are some extended passages from the panel's opinion that summarize the case and the Bueno holding: After considering the above-described evidence, as well as Bueno?s testimony at the resentencing hearing, the district court found that Mrs. Bueno was in fact suffering from life-threatening diseases and maladies and that Bueno was the only person who could provide the continual care that she required...continue to full post

Full post as published by Sentencing Law and Policy on December 17, 2008 (boomark / email).