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Eighth Circuit en banc ruling finally affirms big variance after Gall GVR

By Douglas A. Berman

The Eighth Circuit today handed down an important en banc ruling today in US v. Feemster, No. 06-2059 (8th Cir. July 13, 2009) (avaialable here).  Here is the unofficial summary of the ruling from the circuit's website: Judge Smith, Author for the Court En Banc: For the court's prior opinions in the matter, see United States v. Feemster, 435 F.3d 881 (8th Cir. 2006) and United States v. Feemster, 483 F.3d 583 (8th Cir. 2007).  On remand from the Supreme Court for further consideration in light of Gall v. United States, 128 S.Ct. 586 (2007).  The district court provided substantial insight into   the reasons for its sentencing decision, and the government's argument  that the court failed to adequately explain its chosen sentence is rejected; district court's justification for imposing a 120-month sentence rests on precisely the kind of defendant-specific determination that are within the special competence of the sentencing courts, and the court could not say that the district court abused its discretion or imposed an unreasonable sentence...continue to full post

Full post as published by Sentencing Law and Policy on July 13, 2009 (boomark / email).