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Does Gall preclude calling any sentencing factor "inappropriate"?

By Douglas A. Berman

The Sixth Circuit's ruling yesterday to reverse a below-guideline sentence as unreasonable in US v. Davis, No. 05-3784 (6th Cir. Aug. 12, 2008) based on reliance on an "inappropriate sentencing factor" has generated some especially interesting and thoughtful comments. Of particular note, the defendant's attorney has a comment questioning whether the rationale adopted by the Davis court is inconsistent with the Supreme Court's work in Gall:I am Mr. Davis' attorney, and I'm a longtime fan of this blog.  As I consider a petition for rehearing (for a number of reasons) as well as another cert. petition, I'd appreciate any serious thoughts about the existence of "inappropriate sentencing factors."  DEJ writes that there is "almost" no such thing...continue to full post

Full post as published by Sentencing Law and Policy on August 13, 2008 (boomark / email).