Does a federal district court have to leave considerable in the hands of the sentencing judge?
MultiRegion, United States of America
The following excerpt is from USA v. Working, 224 F.3d 1093 (9th Cir. 1999):
In deciding whether the district court's reasoning comports with these statutory considerations, it is necessary to "leave considerable discretion in the hands of the sentencing judge." The issue is not whether we would have departed to the exact extent that the sentencing judge did, but whether the judge's [explanation] reflects a reasoned, persuasive review of the statutory considerations.
Pena, 930 F.2d at 1496 (quoting United States v. White, 893 F.2d 276, 278 (10th Cir. 1990)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the range of sentences a federal district court judge can impose on a sentence that runs concurrently or consecutively with an undischarged sentence? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the test for deference between a federal judge and a federal district judge in sentencing decisions? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is the difference between a federal district court's opinion and a federal court's decision on sentencing? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
Can a federal district judge direct that a federal sentence be served consecutive to a state sentence not yet imposed? (MultiRegion, United States of America)
