gall

Community demographics justify Guidelines variance

Alain Leibman
February 10, 2009 15:49

In United States v. Cavera, 550 F.3d 180 (2d Cir. 2008), the Second Circuit (en banc) considered the interesting issue of when, under federal criminal sentencing in the aftermath of United States v. Booker, 543 U.S. 220 (2005)¸ a sentencing court may properly consider community conditions in...

Case o' The Week: Ruff Case for the Government, Big Sentencing Win for the Defense

August 02, 2008 14:35

In an important decision that has real-world impact for our clients, Judge Fisher (left) emphasizes the discretion of a district court to fashion a sentence that avoids full custodial confinement. See United States v. Ruff, 2008 WL 2940535(9th Cir. Aug. 1, 2008), decision available here. The...

Gall's Reasonableness Standard Invalidates Another Below - Guidelines Sentence

Alain Leibman
June 12, 2008 20:32

As many practitioners are all too keenly aware, the Sentencing Guidelines remain alive and well. Gall instructed district judges that reasonableness and abuse of discretion review freed them from the structures of the Guidelines. But, to paraphrase Al Pacino in Godfather III, the courts...

Gall's Reasonableness Standard Invalidates Another Below - Guidelines Sentence

Alain Leibman
June 12, 2008 20:32

As many practitioners are all too keenly aware, the Sentencing Guidelines remain alive and well. Gall instructed district judges that reasonableness and abuse of discretion review freed them from the structures of the Guidelines. But, to paraphrase Al Pacino in Godfather III, the courts...

United States v. Livesay: Sentencing Courts Have Some Explaining to Do

Anthony Lake
May 01, 2008 14:29

     Despite the substantial deference granted to sentencing courts pursuant to Gall v. United States, 552 U.S. ----, 128 S.Ct. 586 (2007), the Eleventh Circuit Court of Appeals will still expect unusual sentences to be supported by good reasons in the record. Kenneth K. Livesay...