The joys of Judge Adelman
Especially after yesterday’s steady drum-beat of circuit rulings affirming within-guideline sentences, it was a pleasure today to receive Sentencing Hall of Famer Judge Lynn Adelman’s latest sentencing opinion in US v. Hein, No. 06-CR-48 (E.D. Wis. Nov. 22, 2006) (available for download below). There is nothing especially flashy about HeinBooker discretion to impose a below-guideline sentence. Among other nice flourishes, here is Judge Adelman’s proper account of how to approach post-Booker sentencings:
While the guidelines remain an important factor in the post-Booker world, the district court may not presume that they produce the “correct” sentence. United States v. Demaree, 459 F.3d 791, 794-95 (7th Cir. 2006). Instead, the court must consider all of the relevant factors under the statute and, after considering those factors, impose a sentence sufficient but not greater than necessary to comply with the purposes of sentencing set forth in § 3553(a)(2). 18 U.S.C. § 3553(a).
Prior posts with some of Judge Adelman’s extraordinary post-Booker work:
- Another (very different) view of Booker from a district court
- Judge Adelman strikes again
- More amazing post-Booker work by Judge Adelman
- Three more great Booker decisions from Judge Adelman
- Judge Adelman spotlights problems with mandatories
- Judge Adelman on extraordinary acceptance of responsibility
- Judge Adelman provides more post-Booker wisdom
- More fast-track work from Judge Adelman
- Judge Adelman on variances from career offender guideline