Legal Opinion · Dissent

United States of America, Appellee/cross-Appellant v. Casey Marie Yirkovsky, Appellant/cross-Appellee

Court of Appeals for the Eighth Circuit

Decided July 31, 2003No. 02-1176, 02-1462Published

1DissentHeaney, Circuit Judge

I respectfully dissent from the majority’s reversal of the district court’s sentencing reductions. The majority’s treatment of this case reflects a disturbing trend toward increasingly punitive sentencing. Moreover, it disregards the district court’s discretion to fashion a sentence that, after having the opportunity to hear all the evidence and evaluate the defendant through her words and actions, would better serve both the defendant and society.

A simple survey of recent appeals from criminal sentences bears out this trend. Since May of 2000, the government appealed twenty-five cases in…

2Cases cited61 opinions

  1. J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
  2. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
  3. United States v. Gregory Charles Ervasti, United States of America v. Deniene "Dee" ErvastiCourt of Appeals for the Eighth Circuit · 2000
  4. Faye Anastasoff v. United StatesCourt of Appeals for the Eighth Circuit · 2000
  5. United States v. Michael Jerome Zimmer, United States of America v. James Clarence Stoltz, United States of America v. Aaron Dale CarverCourt of Appeals for the Eighth Circuit · 2002

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