« United States v. Johnson | Main | United States v. Wilson (Feb. 2, 2005) »

United States v. Wilson (Jan. 12, 2005)

One possible reason for avoiding a Guidelines sentence might be the so-called "parsimony provision," which provides that "the court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes [of punishment] set forth in [the Sentencing Reform Act]." n62 It is possible to argue that this provision requires the courts to impose sentences below the Guidelines range, because Guidelines sentences are not parsimonious. n63 This is an interesting argument worthy of discussion.

n62 18 U.S.C. 3553(a) (emphasis added).
n63 See http://sentencing.typepad.com/sentencing_law_and_policy (Jan. 12, 2005) (The Power of Parsimony (and Justice Breyer's Notable Omission)) (Prof. Douglas Berman tentatively advancing this suggestion).
United States v. Wilson, 350 F. Supp. 2d 910, 922 (D. Utah 2005)

   

Note: The URL for the specific post referred to in the case, "The Power of Parsimony (and Justice Breyer's Notable Omission)," is: http://sentencing.typepad.com/sentencing_law_and_policy/2005/01/
the_power_of_pa.html
 

Return to the main Cases Citing Legal Blogs page.

April 14, 2006 in Cases Citing Legal Blogs | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c2d1a53ef00d8352a823753ef

Listed below are links to weblogs that reference United States v. Wilson (Jan. 12, 2005):

Comments

The comments to this entry are closed.