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: Fifth Circuit Blog

Why the Departure/Variance Distinction Matters, Part Two

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United States v. Gutierrez-Hernandez, No. 08-20620 (5th Cir. Aug. 28, 2009) (King, Higginbotham, Clement)Several months ago I opined that the distinction the Fifth Circuit draws between Guidelines and non-Guidelines sentences "may be little more than a formal distinction, given the Fives' deferential approach to substantive reasonable review." Turns out that I couldn't have been more wrong.

Full post as published by Fifth Circuit Blog on August 31, 2009 (boomark / email).

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