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Remarkable opinions in remarkable sentencing case from the Eighth Circuit

By Douglas A. Berman

A helpful reader made sure I did not miss the remarkable sentencing work coming from the Eighth Circuit today in US v. Deegan, No. 08-2299 (8th Cir. May 25, 2010) (available here).  The case is remarkable in part because of the criminal offense (second-degree murder of a newborn due to neglect) and the offender (the newborn's mother, a Native American who has suffered a long history of physical and sexual abuse).  The district judge sentenced the defendant to 121 months, the bottom of the calculated guideline range.  The majority of the Eighth Circuit panel in Deegan affirmed, rejecting claims that the sentence was procedural and substantively unreasonable. Though the majority opinion in Deegan is an interesting read, the ruling is truly a must-read because of the remarkable 50+ page dissent by Judge Bright...continue to full post

Full post as published by Sentencing Law and Policy on May 25, 2010 (boomark / email).