ILNews

Judges need more details on reduction denial

Jennifer Nelson
January 1, 2009
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The 7th Circuit Court of Appeals is sending the denial of a defendant's motion for a sentence reduction back to the District Court because the Circuit Court needs more than the one-sentence explanation given by the lower court.

U.S. District Court Judge Larry J. McKinney of the Southern District of Indiana, Indianapolis Division, denied Kelvin Marion's motion to reduce his sentence under Section 3582(c)(2) on a form order that simply said "As directed by 18 U.S.C. § 3581(c)(2) the Court has considered the relevant factors in U.S.S.G. § 1B1.10(b) and 18 U.S.C. § 3553(a) and determined a sentence reduction is not appropriate."

In United States of America v. Kelvin Marion, No. 09-2525, the Circuit judges found the lower court's written analysis to be too terse to allow for a meaningful review on appeal. Marion pleaded guilty to conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base and was sentenced to 160 months in 2000. He moved under Section 3582(c)(2) to reduce his sentence, which the District Court denied with the one-sentence explanation.

A District Court doesn't need to provide a detailed, written explanation analyzing every factor, but it must provide some statement of its reasoning for the Circuit Court to meaningfully review the lower court's decision, wrote Judge Michael S. Kanne.

The Circuit judges believed a District Court's order on a motion for sentence reduction should at least address briefly any significant events that may have happened since the original sentencing.

"If the district court believes that nothing particularly noteworthy has changed concerning the basis for the defendant's original sentence, some simple explanation to that effect will apprise both the defendant and this court of that fact," wrote the judge.

Judge Kanne cautioned that the Circuit Court's ruling in the instant case shouldn't be read to expand what is required of a District Court when sentencing a defendant or considering a motion to reduce a sentence under Section 3582(c)(2). There's nothing wrong with using a form order or having only a one-sentence explanation. But it's impossible for the Circuit Court to ensure the lower court didn't abuse its discretion if the order only shows the District Court exercised its discretion rather than showing how it exercised that discretion, he wrote.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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