SCOTUS Decides Rita
The much anticipated decision in Rita v. U.S. was released this morning. Early reports (here and here) from Sentencing Law and Policy tell us that the decision upholds a presumption of reasonableness at the appellate level for sentences that fall within the federal sentencing guidelines.
The more interesting question is whether sentences that are less harsh than the guidelines suggest may be viewed with greater skepticism on appeal simply because they fall well outside the guidelines. (Sentences that greatly exceed the guidelines seem rarely to trouble appellate courts.) That question would have been addressed in the Claiborne case if Claiborne hadn't been killed. We'll have to wait until next term for an answer.
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