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Another notable sentencing ruling from the Sixth Circuit

By Douglas A. Berman

Keeping up with just the Sixth Circuit sentencing jurisprudence is becoming a full-time job, and today brings yet another thoughtful sentencing ruling from a panel of that court.  Today's work is in US v. Conatser et al., Nos. 06-5694/5946 (6th Cir. Feb. 4, 2008) (available here), and the start of Judge Moore's partial concurrence provides a flavor for some of the issues being discussed in this decision:I join the majority opinion in most respects, but I write separately because I believe that the majority gives inadequate attention to Marlowe?s argument that his sentence of life imprisonment violates the Sixth Amendment because judge-found facts triggered a substantial increase in his advisory Guidelines range.  Although I do not believe that Marlowe?s sentence violates the Constitution, his claim deserves a more detailed analysis than it received in the majority opinion...continue to full post

Full post as published by Sentencing Law and Policy on February 04, 2008 (boomark / email).