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A notable Sixth Circuit concurrence lamenting Dillon and modern severity

By Douglas A. Berman

Concurring in a Sixth Circuit panel decision today in US v. Robinson, (6th Cir. June 25, 2010) (available here), Judge Merritt assails the Supreme Court's crack retroactivity ruling in Dillon last week and broadly laments current federal sentencing realities.  Here is a snippet of Judge Merritt's separate opinion: The Sentencing Commission has the authority, according to United States v. Dillon, No. 09-6338, June 17, 2010, by mandatory rule, to entirely repeal individualized sentencing in such cases.  For the reasons stated by Justice Stevens in his dissent, I would reach the opposite conclusion, if I could, and apply the principle that under § 3582(c) a federal court should consider the ?no-greater-than-necessary? principles of § 3553(a). In addition, I would point out that 18 U...continue to full post

Full post as published by Sentencing Law and Policy on June 25, 2010 (boomark / email).