Friday, March 24, 2006

Reasonableness of sentence

In US v. Giaquinto (# 05-2212, 3/23/06), the Court applies its recent opinion in US v. Cooper, 437 F.3d 324 (3d Cir. 2006), in upholding a below-guideline sentence as "reasonable." This was a defendant's appeal in which defendant argued that her 23 month sentence, which was 7 months below the guideline range, was unreasonably high because her co-defendant, who was much more culpable, received only 30 months. The Court found that the judge considered the section 3553(a) factors and imposed a reasonable sentence.

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The District Court's indication of the sentence it would impose before the defendant allocuted was not reversible plain error.

              In United States v. Packer , 83 F.4th 193 (3d Cir. Sept. 26, 2023), https://www2.ca3.uscourts.gov/opinarch/222554p.pdf , the ...