Legal Opinion · Concurring in part, dissenting in part

United States v. Docampo

Court of Appeals for the Eleventh Circuit

Decided June 15, 2009No. 08-10698Published

1Concurring in part, dissenting in partBarkett, Circuit Judge

I concur in the majority opinion but for its determination that John Docampo’s sentence of 22.5 years is reasonable. I believe a sentencing court’s passing mention that it has considered the 28 U.S.C. § 3553(a) factors without more analysis, as in this case, provides an insufficient basis for appellate review and consequently is procedurally unreasonable. I further believe, under the facts presented, that Docampo’s sentence is substantively unreasonable, a conclusion only bolstered by the far lower sentences imposed on all of his significantly more culpable co-conspirators.

I. BACKGROUND

At the…

2Cases cited20 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  4. Rita v. United StatesSupreme Court of the United States · 2007
  5. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975

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