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Ninth Circuit panel splits over adequacy of sentencing explanation

By Douglas A. Berman

The Ninth Circuit has a long set of opinions covering lots of sentencing ground today in US v. Carter, No. 05-50303 (9th Cir. March 30, 3009) (available here).  Though all practitioners in the Ninth Circuit will want to check out this opinion, the case is more broadly notable because of the panel's split view over the adequacy of the district court's explanation for its long within-guideline sentence.  Here is a part of the partial dissent from Judge Tashima, which reveals the nature of the dispute: [I]n imposing sentence, the court gave no indication that it had heard Carter?s arguments and imposed sentence with almost no explanation. I believe that the district court erred in failing to address Carter?s arguments, failing adequately to consider the § 3553(a) factors, and failing adequately to explain the sentence that was imposed...continue to full post

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