Monday, January 14, 2008

Rita's Reasonableness Requirement Reigns (for a day, anyway)

While the Tenth Circuit did not offer any published opinions today, there was interesting action in the Sixth Circuit. In a brief opinion in United States v. Peters, the Sixth held that the district court's cursory statement acknowledging the defendant's sentencing arguments was insufficient to satisfy Rita's demands. When the defendant presents nonfrivolous reasons for imposing a non-guideline sentence, the district court should address the party's arguments and explain why he rejected those arguments. The Peters panel found the sentencing judge's brief comments insufficient, and the case was remanded for re-sentencing.

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