Eighth Circuit reverses two more below-guideline sentences

Today brings more proof, in contrast to my speculation in this post, that the Supreme Court’s recent cert grant in Claiborne is not going to slow down the Eighth Circuit in reversing downward variances granted by its district courts.  In both US v. Kane, No. 06-1103 (8th Cir. Dec. 18, 2006) (available here), and US v. Morales-Uribe, No. 06-1855 (8th Cir. Dec. 18, 2006) (available here), the Eighth Circuit is again reversing a downward variance from the guidelines thought appropriate by the district judge who actually had the defendant before the court.

Kane and Morales-Uribe involve quite different facts, both as to the crimes involved and the bases that a downward variance was granted.  Also, a completely different set of active judges are on the panel in each case.  But both cases demonstrate the circuits’ continued willingness to second-guess the sentencing judgments of district courts and to rely very heavily on the guidelines when engaging in such second-guessing.