United States v. Irey

TJOFLAT, Circuit Judge,

specially concurring in part and dissenting in part:

I concur with the court’s judgment that Irey’s sentence must be vacated but dissent as to the instruction that the district court sentence Irey to 30 years’ imprisonment. I write separately because in reaching this result, the court asks the wrong question and gives the wrong answer. Today’s decision cements this circuit’s approach to one of the most difficult questions posed by United States v. Booker, 543 U.S. 404, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005): what is the proper role of the courts of appeals now that the…