NYLJ article on Second Circuit reasonableness review
Alan Vinegrad and Douglas Bloom today have this extended analysis in the New York Law Journal of Second Circuit reasonableness rulings in below-guideline cases. Here is a snippet:
A review of recent below-the-range cases in the U.S. Court of Appeals for the Second Circuit, however, reveals that in this circuit at least, post-Booker appellate review is effectively the same as it was pre-Feeney: absent an error of law or clearly erroneous finding of fact, such a sentence will not be overturned absent an abuse of discretion.