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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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