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Ninth Circuit judges talking about meaning and import of Paul reversal(s)

By Douglas A. Berman

Federal sentencing fanatics know that the Paul case in the Ninth Circuit is significant because it was arguably the first (and might still be considered the only) circuit ruling that a within-guideline sentence should be reversed as substantively unreasonable.  The initial story of Paul is discussed in this 2007 post and a subsequent 2009 ruling after a remand for resentencing is discussed in this post.  Now, as evidenced by this new order refusing en banc review, the Ninth Circuit has added an extra chapter to this story.  Specificaly, consider this opening paragaph from a dissent from the denial of rehearing en banc in Paul (which was joined by four other circuit judges): This case decides whether a district court violated a mandate from the court of appeals...continue to full post

Full post as published by Sentencing Law and Policy on September 30, 2009 (boomark / email).