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: Second Circuit Sentencing BlogClose To The Line Of Procedural Unreasonableness
United States v. Bender, No. 08-3103-cr., 2009 WL 2476691 (2d Cir. Aug. 14, 2009)
Bender challenged the procedural and substantive reasonabless of his 120 month sentence. Specifically, the Second Circuit noted that the district court had satisfied its obligation to make the requisite factual findings by indicating in its written judgment that it was adopting the findings set forth in the PSR. But it "nevertheless" noted that "the court should have provided a written statement of the specific reasons for its sentence."
After all, how can one be sure a sentence is fair if the sentencing judge doesn't explain the reasons for the sentence? 120 months is a long time to wonder why one is serving 120 months.
Full post as published by Second Circuit Sentencing Blog on October 21, 2009 (boomark / email).
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