Brief for Amicus Curiae the National Association of Criminal Defense Lawyers in Support of Petitioner (on petition for a writ of certiorari).
Argument: Jacobson remands have eviscerated the Second Circuit’s review of sentencing procedure. The Jacobson procedure violates the sentencing laws and conflicts with otherwise-uniform nationwide practices. Jacobson remands are an entrenched and pernicious feature of Second Circuit criminal practice. The Second Circuit’s established standard for reviewing substantive reasonableness violates this Court’s precedent. The Second Circuit has employed the “shocks the conscience” standard for nearly a decade. The “shocks the conscience” standard is incompatible with substantive reasonableness review. The Second Circuit’s errors undermine federal sentencing law’s most important goals.