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Another potent sentencing dissent from the Sixth Circuit's Judge Merritt

By Douglas A. Berman

Sixth Circuit Judge Gil Merritt should be known as the great sentencing dissenter because he continues to speak forcefully in dissent about the long sentences being affirmed by his colleagues. Today's potent sentencing dissent comes in US v. Young, No. 07-5600 (6th Cir. Jan. 30, 2009) (available here), and it includes a notable prediction about future SCOTUS consideration of acquitted conduct enhancements: The two first offenders here grew and distributed marijuana off and on over several years and were sentenced to 17 years and 19 years respectively.  In my view this sentence is too long and serves no rational penal purpose.  It is much greater than necessary to adequately deter marijuana growing and distribution.  I would reverse and remand for a further explanation of why such a long sentence is justified, especially in light of the great disparity in sentencing for such relatively minor marijuana crimes between the state and federal courts and among federal judges themselves...continue to full post

Full post as published by Sentencing Law and Policy on January 30, 2009 (boomark / email).