Sentencing Michael Martin
Federal judges have more discretion to impose reasonable sentences than they had before the Supreme Court's Booker decision, but the limits of that discretion remain unclear. We know only that federal sentences must not be "unreasonable."
Was it unreasonable to sentence Michael Martin to 7 days of incarceration? The Eleventh Circuit thinks the sentence was just as unreasonable as the original imposition of straight probation, which it reversed. District Judge U.W. Clemon is testing the limits of his discretion, and might have kept ratcheting the sentence up a week at a time if the Eleventh Circuit hadn't tossed him off the case (decision here in pdf).
Michael Martin is a former HealthSouth executive who pled guilty to conspiracy to commit securities fraud and mail fraud.
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