Junior Jean Baptiste v. United States
SocialSecurity Securities Immigration
Should the sentencing judge be required to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance?
QUESTION PRESENTED The district court, on remand for resentencing after failing originally to permit allocution by petitioner, reimposed the original sentence without discussion or acknowledgment of changed circumstances, including the defendant’s remorse that the government concluded was heartfelt, or of any of the valid grounds asserted, without government opposition, for a sentence below the guideline range. The Eleventh Circuit held that nothing more is required at sentencing than a statement by the sentencing judge to the effect that 18 U.S.C. § 3553(a)’s sentencing factors were considered. In order to afford meaningful appellate review and to insure constitutional application of the advisory guidelines, should this Court require the sentencing judge to address relevant sentencing factors and provide a reasoned basis for discounting valid grounds for variance? ; INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings. ii