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Sixth Circuit issues first Spears remand

By Douglas A. Berman

The per curiam ruling by the Supreme Court last week in Spears (basics here) stressed that it acted via summary reversal because of the need to "promptly remove from the [jurisprudential] menu the Eighth Circuit?s offering, a smuggled-in dish that is indigestible" in light of the teachings of Kimbrough.  Today, the Sixth Circuit has the distinct honor of being the first lower court to serve up a Spears remand through US v. Johnson, No. 07-2447 (6th Cir. Jan. 26, 2009) (available here): In light of the Supreme Court?s recent decision in Spears v. United States, ? S. Ct. ?, No. 08-5721, 2009 WL 129044 (Jan. 21, 2009), we VACATE Johnson?s sentence and REMAND for resentencing. Spears held that district courts have the power to categorically reject and vary from the crack-cocaine sentencing guidelines based on a policy disagreement with the guidelines, even in a mine-run case such as this...continue to full post

Full post as published by Sentencing Law and Policy on January 26, 2009 (boomark / email).