Is a sentencing judge required to state in open court the reasons for the imposition of the sentence?

MultiRegion, United States of America

The following excerpt is from U.S.A v. Baxter, D.C. No. 1:07-cr-00165-JDS-1, No. 09-30364 (9th Cir. 2010):

The sentencing judge is required to state "in open court the reasons for [the] imposition of the particular sentence." 18 U.S.C. 3553(c). To meet this requirement, the judge need only "set forth enough to satisfy the appellate court that he has considered the parties' arguments and has a reasoned basis for exercising his own legal decision making authority. Nonetheless, when a judge decides simply to apply the Guidelines in a particular case, doing so will not necessarily require a lengthy explanation." Rita v. United States, 551 U.S. 338, 356 (2007) (internal citation omitted).

Other Questions


When a court departs from the sentencing guidelines, does the court have to indicate a specific reason for the imposition of a sentence different than that described? (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 burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Does a sentencing court have to state its reasons for imposing a sentence that departs from the applicable guideline range? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Does a sentencing court need to expressly state that it is suspending either the imposition or execution of a sentence under section 3651? (MultiRegion, United States of America)
When reviewing whether a sentence is procedurally reasonable, does the judge have to presume otherwise that a sentencing judge has faithfully discharged her duty? (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)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
Does a state court have more latitude than a federal court to reasonably determine that a defendant has not satisfied the standard of conduct required for a motion to be heard in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.