Eleventh Circuit Court of Appeals - Published Opinions

Friday, August 31, 2007

Agbai: Cookie-cutter sentence ok

In U.S. v. Agbai, No. 06-15691 (Aug. 31, 2007), the Court affirmed the imposition of a 41-month sentence on a defendant convicted of use of a counterfeit device in connection with credit card fraud.
The Court rejected the argument that the district court erred when it treated the guidelines as "presumptively reasonable." Noting that Rita v. U.S., 127 S.Ct. 2456 (2007) stated that when a judge decides to follow the Guidelines in a particular case, and when the defendant does not argue that this Guideline is unsound generally, a lengthy explanation is not required.
The Court also rejected the argument that the 41-month sentence was unreasonable, noting the district court’s finding that Agbai’s offense presented a "cookie-cutter case."