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Split Ninth Circuit affirms as substantively reasonable a probation sentence for "big time thief?

By Douglas A. Berman

Distracted by another(!) snow day yesterday, I missed the very significant split sentencing ruling handed down by a Ninth Circuit panel in US v. Edwards, No. 08-30055 (9th Cir. Feb. 16, 2010) (available here). Here is how the majority opinion (per Judge Pregerson) gets started: In 2004, Duncan W. Edwards pleaded guilty to one count of bankruptcy fraud in violation of 18 U.S.C. § 152(9) and one count of making a false statement to a bank in violation of 18 U.S.C. § 1014.  Although the advisory Sentencing Guidelines range called for twenty-seven to thirty-three months? incarceration, the district court sentenced Edwards to five years? probation (the maximum term of probation), seven months of which was to be served under house arrest, a $5,000 fine, and a special assessment of $100 on each count of conviction...continue to full post

Full post as published by Sentencing Law and Policy on February 17, 2010 (boomark / email).