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: Fifth Circuit Blog

Why the Departure/Variance Distinction Matters

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In a recent case, the Fifth Circuit noted that it continues to draw a distinction between variances based on 3553(a) factors, and Guidelines departures. I suggested at the time that this "may be little more than a formal distinction, given the Fives' deferential approach to substantive reasonable review."Turns out I hadn't thought through the issue thoroughly enough, as demonstrated by this

Full post as published by Fifth Circuit Blog on June 23, 2009 (boomark / email).

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