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Some notable recent reasonableness rulings from the circuits

By Douglas A. Berman

Though not seeming to break any significant new ground, two recent reasonableness review affirmances and two recent reasonableness review reversals seem worth noting this afternoon: The First Circuit, in US v. Zapata, No. 08-1554 (1st Cir. Dec. 16, 2009) (available here), affirms a stat max sentence (of only 48 months) in a drug case against various challenges. The Fourth Circuit, in US v. Myers, No. 08-4343 (4th Cir. Dec. 16, 2009) (available here), affirms a 30-year sentence in a drug case by approving an upward departure to sentence a defendant as a "de facto" career offender. The Sixth Circuit, in US v. Novales, No. 07-3663 (6th Cir. Dec. 16, 2009) (available here), reverses a sentence in a drug case based on procedural unreasonableness because "the district court materially erred by failing to calculate the appropriate guideline range...continue to full post

Full post as published by Sentencing Law and Policy on December 16, 2009 (boomark / email).