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What exactly is the Sixth Circuit rehearing in Vonner?

October 17, 2006

As first discussed here, late last week the Sixth Circuit issued an order granting en banc review in US v. Vonner (which, as detailed here, was a split panel decision in which the majority declared a within-guideline sentence unreasonable for “lack of adequate explanation”).   As noted before, by taking Vonner en banc, the Sixth Circuit joins the Ninth Circuit in now having a big en banc case to use to provide its district courts with guidance on post-Booker sentencing.

But, now nearly a week after the Vonner en banc grant, I am a bit puzzled about what the Sixth Circuit wants or expects to cover in Vonner.  As detailed here, when the Ninth Circuit went en banc it issued this lengthy order detailing what the en banc court was exploring (and welcoming amicus briefs on these issues).  I have not yet seen a similar order from the Sixth Circuit in Vonner, though perhaps one might be forthcoming or has been issued and just is not yet posted for all to see.

I am perplexed in part because a colleague sent along the petition for (and opposition to) rehearing, and these papers do not effectively clarify exactly what is at issue in Vonner.  I have provided these brief for downloading below, and I would welcome insights into exactly what folks think are the issues in play in Vonner.

Download vonner_us_petition_for_rehearing_and_rehearing_en_banc1.pdf

Download vonner_johnson.response to en banc petition.05-5295.pdf