Rita, Claiborne, and the Courts of Appeals' Attachment to the Sentencing Guidelines

18 Pages Posted: 11 Mar 2007

See all articles by Carissa Byrne Hessick

Carissa Byrne Hessick

University of North Carolina School of Law; Prosecutors and Politics Project

F. Andrew Hessick

University of North Carolina School of Law

Abstract

This article provides a critical assessment of the work of the courts of appeals when conducting reasonableness review after United States v. Booker. It examines the presumption of reasonableness most circuits have afforded to within-Guidelines sentences and the requirement that a variance from the Guidelines be supported by a justification proportionate to the variance.

Keywords: sentencing, appellate review, criminal law

Suggested Citation

Hessick, Carissa Byrne and Hessick, F. Andrew, Rita, Claiborne, and the Courts of Appeals' Attachment to the Sentencing Guidelines. Federal Sentencing Reporter, Vol. 19, No. 3, 2007, Available at SSRN: https://ssrn.com/abstract=969761

Carissa Byrne Hessick (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

Prosecutors and Politics Project ( email )

University of North Carolina
Chapel Hill, NC
United States

F. Andrew Hessick

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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