Home -> Law Blog Directory -> Public Defense Blogs -> Fifth Circuit Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: Fifth Circuit BlogCircuit Split on Fast-Track Disparity
There is now a square circuit split on this issue. Yesterday, the First Circuit held, in United States v. Rodriguez,* that a district court commits procedural error if it refuses to consider fast-track disparities when imposing sentence. The court said several interesting things on the way to this holding:
- although Kimbrough dealt specifically with the crack/powder disparity, it stands for the broader proposition that sentencing courts are free to disagree with other Sentencing Commission policy determinations
- "Like the crack/powder ratio, fast-track departure authority has been both blessed by Congress and openly criticized by the Sentencing Commission."
- the fast-track departure scheme is entitled to less deference than other guidelines because by failing to consider empircal data and national experience, the Sentencing Commission didn't act in its "characteristic institutional role" in this instance
- the only Congressional policy determinations that bind sentencing courts are those that expressly cabin those courts' discretion, such as statutory maximums and minimums; absent an express Congressional statement to the contrary, district courts can independently consider any policy determination that bears on the 3553(a) factors
- Kimbrough ushered in a new approach to sentencing, such that a district court is not limited to consideration of fast-track disparities under 3553(a)(6); instead, the district court can consider such disparities as part of a holisitic consideration of the 3553(a) factors
You know the drill: preserve.
*United States v. Rodriguez, No. 06-2656 (1st Cir. June 4, 2008) (Boudin, Torruella, Selya). Don't worry, Selya doesn't go too crazy with the obscure words.
Full post as published by Fifth Circuit Blog on June 05, 2008 (boomark / email).
Stock Splits and Reverse Stock Splits
How splits can affect stock value
Slim-Fast Recalled in US
Slim-Fast recalled in US
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Sears, Roebuck & Co.
alleging the company’s web site used spyware to track customers Internet use.
Estate of Seth Tobias
$25 million estate to be split as part of settlement.
The Bay Presbyterian Church
$700,000 settlement reached in church split case.

Some Recent Decisions of Note on Fast Track Disparity and Unconstitutionality of Gun Possession Laws
Non-Guidelines Sentences Based On Fast-Track Disparity Still Possible In The Second Circuit
First Circuit blesses a variance based on fast-track disparity









