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Full Eleventh Circuit still struggling to figure out reasonableness review in Irey case

By Douglas A. Berman

The federal appeals courts have now had more than five years to make sense of reasonableness review, the revised approach to federal sentencing appeals created by the Supreme Court in its landmark Booker ruling in January 2005.  However, as evidenced by this new piece in the Fulton County Daily Report which is headlined "11th Circuit Appears Split Over Deference in Sentencing," an en banc Eleventh Circuit is still trying to figure out some of the basics of reasonableness review in a horrible sex offender case.  Here are the details: Ideally, en banc decisions by the 11th U.S. Circuit Court of Appeals give clear direction to lower courts on how to deal with muddled areas of the law. But in Tuesday's en banc argument on criminal sentencing, the 11th Circuit's judges wrestled with which way the court should point...continue to full post

Full post as published by Sentencing Law and Policy on February 11, 2010 (boomark / email).