tag:blogger.com,1999:blog-9615048.post7702228777048343622..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Why aren't there more written decisions on sentencing?David Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-9615048.post-64004352599912318122018-07-23T21:09:15.064-04:002018-07-23T21:09:15.064-04:00OMG the judge is amazing. A voice in the wildernes...OMG the judge is amazing. A voice in the wilderness. <br />I don't begrudge prosecutors not asking for below guidelines, but the trial tax should be roundly criticized. <br /><br />As to Moreno, as a state court judge he once sentenced a defendant to below guidelines after a second degree murder trial. The facts have faded with history, and the defendant wasn't innocent, but it was a very unusual set of facts that just weren't accounted for in the guidelines and as I recall the state was fine with the sentence. <br /><br />Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-86493935643250023112018-07-23T19:40:05.877-04:002018-07-23T19:40:05.877-04:00Almost never you're right about that. I once s...Almost never you're right about that. I once saw Moreno quizzing a DC doj attorney (asking for above) if he ever in his career asked for below, and he confessed he hadn't. It was a very fair comment, and cause for introspection. Notwithstanding, I have seen several ausas make a 10 second "soft ask" for low end and then let the defense go to work. That's not asking for below, but it's not too shabby. It also is deferential to defense atty to put on a good show and get the credit when the judge goes below. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-57006725896948803742018-07-23T18:14:29.251-04:002018-07-23T18:14:29.251-04:00Fair point. But they never seek below guidelines s...Fair point. But they never seek below guidelines sentenced. David Oscar Markushttps://www.blogger.com/profile/18386723948607633980noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-41623324719990617462018-07-23T18:11:10.400-04:002018-07-23T18:11:10.400-04:00Prosecutors see the guidelines as the "only f...Prosecutors see the guidelines as the "only factor"? Didn't they ask for above the guidelines in this case? Anonymousnoreply@blogger.com