Two more Eighth Circuit reversals of below-guideline sentences

It is an especially rough week for criminal defendants in the Eighth Circuit, as today two different panels reversed two more downward variances from the guidelines in US v. Plaza, No. 05-4035 (8th Cir. Dec. 21, 2006) (available here), and US v. McCormick, No. 06-1716 (8th Cir. Dec. 21, 2006) (available here),  As with the pair of similar reversals earlier this week (discussed here), 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.