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

18 Pages Posted: 11 Mar 2007  

Carissa Byrne Hessick

University of North Carolina (UNC) at Chapel Hill - School of Law

F. Andrew Hessick

University of North Carolina (UNC) at Chapel Hill - 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 (UNC) at Chapel Hill - School of Law ( email )

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

F. Andrew Hessick

University of North Carolina (UNC) at Chapel Hill - School of Law ( email )

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

Paper statistics

Downloads
118
Rank
194,173
Abstract Views
1,882