Brief filed: 04/28/2021
United States v. Hunter
6th Circuit Court of Appeals; Case No. 21-1275
Decision below United States Distr. Court Eastern District of Michigan Case No. 2:92-cr-81058 (March 5, 2021)
Contrary to the government’s position, there was nothing “usual, average, or normal” about the sea change in sentencing law caused by Booker. The Sixth Circuit should explicitly acknowledge that a district court has the discretion to consider, as part of its “extraordinary and compelling” analysis, inappropriately harsh sentences received by some defendants in the unconstitutional pre-Booker regime.
Michael L. Waldman, Courtney L. Millian, Robbins, Russell, Englert, Orseck, Untereiner & Sauber, LLP, Washington, DC; Stephanie Kessler, NACDL, Cincinnati, OH; Elizabeth Blackwood, NACDL, Washington, DC.