Charles David Thompson

Attorney at Law

Federal Judges Do Not Have To Explain Upward Sentencing Departures

February 22, 2011 By Charles Thompson

The 5th Circuit just handed down U.S. v. Hernandez; 09-20267 which indicates that when a Federal Judge chooses to impose an upward sentancing departure under 2k2.1 and 5k2.0 he (or she) does not have to give equal weight to the factors listed in sec. 3553(a). Further, a Judge may weigh factors diffeerntly for differnt defendants. Also, the Judge does not have to explain why or how much weight he (or she) gave to the factors in deciding that an upward departure was appropriate.

Filed Under: Courts Tagged With: Federal

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