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Unpublished Decisions

By Shari Allison

US v. Flanders, No. 08-6056, 2/19/09 - 10th affirms as substantively reasonable, with no discussion, an upward variance for a defendant convicted of bank fraud and related charges. Here is the whole "analysis" - "Mr. Flanders? sole issue on appeal is that his sentence was substantively unreasonable. We have reviewed his arguments and disagree." This prompted the following concurrence from Judge O'Brien: "In a series of ceremonial rites the leveling forces of the guidelines, their hearthstone, were sacrificed on the altar of sentencing discretion and appellate courts rendered impotent. See Spears v. United States, 129 S. Ct. 840 (2009); Gall v. United States, 128 S. Ct. 586 (2007); Kimbrough v. United States, 128 S.Ct. 558 (2007); United States v...continue to full post

Full post as published by Tenth Circuit Blog on February 20, 2009 (boomark / email).