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Lengthy discussion of modern sentencing challenges by split Second Circuit

By Douglas A. Berman

The Second Circuit has an extended discussion of a variety of sentencing issues today in US v. Preacely, No. 09-2580 (2d Cir. Dec. 21, 2010) (available here).  Providing a sign of the modern federal sentencing times, all three judges on the panel in Preacely author opinions to explain their views of how to review a below-guideline sentence imposed in a seemingly routine drug case.  Tellingly, Judge Lynch authors a concurrence to "put into ordinary language the common-sense basis of the sometimes arcane or technical analysis required by our somewhat complex law of sentencing."  And Judge Raggi's closing paragraph in her dissent effectively details what all the sentencing hub-bub is about: Like my colleagues, I recognize that Preacely received a severe sentence despite his significant cooperation and efforts at reformation...continue to full post

Full post as published by Sentencing Law and Policy on December 21, 2010 (boomark / email).