Troubling Trifles: United States v. Whitelaw Divines a Sentencing Court's Reasons for an Above Guidelines Sentence in the Fifth Circuit

Recent Development by Christopher M. La Tronica

The Fifth Circuit held that the district court's failure to state reasons for the sentence explicitly was a clear error that did not affect Whitelaw's substantial rights because, by adopting the sentence the government recommended in the MTR, the court impliedly adopted the govern-ment's reasoning for that sentence. United States v. Whitelaw, 580 F.3d 256, 264 (5th Cir. 2009).


About the Author

Christopher M. La Tronica. J.D. candidate 2011, Tulane University School of Law; M.Sc. 2006, London School of Economics & Political Science; B.A. 2005, Skidmore College.

Citation

84 Tul. L. Rev. 1317 (2010)