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Supreme Court Accepts Two Cases For Booker Reasonableness Review

By Chris Goddu

The Supreme Court granted certiorari in the following two cases:

Rita v. US, No. 06-5754 (presumption of reasonableness for within guideline sentence; from 4th Cir.):

1) Was the district court's choice of within-Guidelines sentence reasonable?

2) In making that determination, is it consistent with United States v. Booker, 543 U. S. 220 (2005), to accord a presumption of reasonableness to within-Guidelines sentences?

3) If so, can that presumption justify a sentence imposed without an explicit analysis by the district court of the 18 U.S.C. Sec. 3553(a) factors and any other factors that might justify a lesser sentence?.

Claiborne v. US, No. 06-5618 (below guideline sentence requiring "extraordinary circumstances"; 8th Cir.):

1) Was the district court's choice of below-Guidelines sentence reasonable?

2) In making that determination, is it consistent with United States v. Booker, 543 U. S. 220 (2005), to require that a sentence which constitutes a substantial variance from the Guidelines be justified by extraordinary circumstances?

Both cases were brought by Federal Defender offices.

Full post as published by First Circuit Federal Defender Blog on November 13, 2006 (boomark / email).