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First Monday in October

By Melody Evans and Kirk Redmond

No, not the really unfortunate TV show of a few years ago, but the real (and sometimes unfortunate) thing. October 1 starts the new term for the US Supreme Court, although they conference this coming Monday. Two important federal sentencing cases are slated for argument on the first Tuesday:US v. Gall presents the question of 'proportionality' review, or whether an 'extraordinary' variance from the guideline range must be supported by 'extraordinary' circumstances. This is important because the Tenth Circuit has been imposing proportionality review, such as in US v. Garcia Lara, where they reversed a below-guideline sentence imposed by Judge Rogers because there was no 'compelling' justification to deviate from the guidelines. Sounds like the same old pre-Booker departure law, doesn't it?US v...continue to full post

Full post as published by Kansas Federal Defender on September 21, 2007 (boomark / email).