If I may be permitted to geek out over my love of sentencing jurisprudence, the Ninth Circuit on Friday said that post-Booker appeals from a guideline departure should be reviewed by the abuse of discretion standard instead of the statutory de novo review under the Guidelines.
This means that once a judge authorizes a downward departure for a criminal defendant, it will be a lot harder for the government to have it reversed on appeal.
The case is US v. Menyweather. Check it out for a good overview of post-Booker sentencing procedure.
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