Legal Opinion · Dissent

United States v. VandeBrake

Court of Appeals for the Eighth Circuit

Decided April 27, 2012No. 11-1390Published

1DissentBeam, Circuit Judge

Early in its lengthy sentencing colloquy the district court, quoting Judge Learned Hand, states, “ ‘[A] judge ... is charged to see that the law is properly administered and it is a duty which he cannot discharge by remaining inert.’ ” United States v. VandeBrake, 771 F.Supp.2d 961, 966 (N.D.Iowa 2011) (quoting United States v. Marzano, 149 F.2d 923, 925 (2d Cir.1945)). There is, though, something to be said for some measure of inertness in the course of a criminal sentencing procedure fueled at the outset by a judicial observation that the defendant suffered from “insatiable greed, which is…

2Cases cited19 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Rita v. United StatesSupreme Court of the United States · 2007
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. United States v. FeemsterCourt of Appeals for the Eighth Circuit · 2009

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