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Failure to Adequately Address Mitigation Arguments Requires Vacation

By Jonathan Byrne

 US v. Webb:Webb was convicted on multiple drug-related charges after a jury trial. At sentencing, he faced a recommended Guideline sentence of life in prison. At sentencing, he argued for a lesser sentence, arguing both that he had begun to turn away from drugs and crime prior to his arrest and that other higher-ranking members of the conspiracy received lesser sentences. He also argued that given his age a lesser sentence would lead to his release at an age where recidivism has typically greatly reduced. The Government responded to these arguments, but the district court did not, eventually imposing a sentence of life in prison. On appeal, the Fourth Circuit affirmed Webb?s convictions, but vacated his sentence as procedurally unreasonable...continue to full post

Full post as published by Fourth Circuit Blog on August 31, 2020 (boomark / email).