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Split Eighth Circuit discusses reasonableness review and cooperation discounts at length

By Douglas A. Berman

The entire Eighth Circuit today in long opinions discusses the relationship between reasonableness review and substantial assistance discounts in US v. Burns, No. 04-2901(8th Cir. Aug. 20, 2009) (available here). All followers of federal sentencing discretion and review will want to find time to read all of Burns, though this unofficial summary from the Eighth Circuit opinion page provide an effective overview of the majority opinion: [Judge Wollman, for the Court En Banc]  On remand from the Supreme Court for reconsideration of the court's en banc opinion in light of Gall v. United States.  For the court's panel opinion in the case, see United States v. Burns, 438 F.3d 826 (8th Cir. 2006). For the court's prior en banc opinion, see United States v...continue to full post

Full post as published by Sentencing Law and Policy on August 20, 2009 (boomark / email).