Home -> Law Blog Directory -> Criminal Law Blogs -> Underdog

Criminal Law

: Underdog

Fourth Circuit sends terrorism case back for resentencing.

By Marks & Katz, LLC

  Bill of Rights (From public domain.) In this post-Rita, Gall and Kimbrough world, the Fourth Circuit recently reversed the thirty-year sentence of a terrorism convict as too lenient, and seemed to call for the trial judge to look more closely at the sentencing guidelines before deciding whether to depart from them. U.S. v. Abu-Ali, __ F.3d _ (June 6, 2008). Although the Supreme Court has made the federal sentencing guidelines voluntary, the guidelines seem to be here to stay, at least for the time being.   In reversing the sentencing of Abu Ali, the Fourth Circuit's two-judge panel majority said:  Given the gravity of Abu Ali?s offense, and the district court?s erroneous application of § 3553(a)(6), we have seen nothing to justify a variance of the degree imposed here...continue to full post

Full post as published by Underdog on June 10, 2008 (boomark / email).