The Supreme Court's decision last month in Booker/Fanfan, "does not leave trial judges with the 'unfettered discretion' to sentence as they please," the 2nd. Circuit Court of Appeals said Wednesday.
"We think it more consonant with the day-to-day role of district judges in imposing sentences , and the episodic role of appellate judges in reviewing sentences, especially under the now applicable standard of 'reasonableness' to permit the concept of 'consideration'... to evolve as district judges faithfully perform their statutory duties," 2nd. Circuit Court Judge Jon O. Newman said.
Law.com has an article on the decision this morning. (U.S. v. Crosby, case 03-1675)
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