Wednesday, September 12, 2007

7th. Circuit Court of Appeals/ below sentencing guidelines case

The 7th. Circuit Court of Appeals Tuesday remanded for resentencing a case that dealt with the possession & distribution of drugs over a five-year period -- the defendant here in particular having taken advantage of the federal “safe guard” provisions in 18 U.S.C §3553 (f) prior to sentencing – holding that the district court “was wrong to conclude that the ‘lowest sentence possible’ was the bottom of the guidelines range, and that if it legitimately concluded the defendant’s personal characteristics warranted something lower, it was free to sentence him below the guideline range.”

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