The Fourth Circuit Court of Appeals remanded a case for re-sentencing because the judge Presumed that he could sentence the defendant within the range suggested by the Federal Sentencing Guidelines and comply with the "reasonableness" provisions of federal law on sentencing, he committed reversible error.

Fourth Circuit Remands Case Where District Court Presumed Sentence Within Guidelines Range Correct

Federal judges, and lawyers practicing criminal law in Virginia's federal courts, should take notice that the Court of Appeals for the Fourth Circuit has reversed a federal judge's sentencing of a convicted drug dealer becasue the judge presumed that a sentence within the Federal Sentencing Guidelines range was reasonable under federal law.

The United States Supreme Court has issued opinions in the past three years emphasizing that the Federal Sentencing Guidelines are advisory, but not mandatory. In other words, while federal judges may consider the Federal Sentencing Guidelines when imposing sentence, they may not presume that the Guidelines range is "reasonable."

Many Virginia lawyers practicing criminal law in the federal courts in and around Richmond will have to re-think their strategies on sentencing as a result of this opinion to best serve their clients.
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