Michelle posey sentencing for embezzlement
Michelle posey sentencing for embezzlement of money...
It has long been the case that federal defendants could appeal sentences on the basis of procedural or substantive reasonableness that were within the advisory guideline range.
But criminal defendants in Michigan had some serious procedural obstacles to overcome in order to appeal a within-guidelines sentence.
Michelle posey sentencing for embezzlement
In a recent opinion, the Michigan Supreme Court clarified that defendants may appeal even within-guideline sentences for reasonableness and proportionality. In People v Posey, No. 162373 (Mich July 31, 2023), Justice Bolden writing for the Court held that appellate courts are required to review within-guideline sentences for reasonableness under principles of proportionality.
The opinion by Justice Bolden provides an excellent review of state and federal sentencing law and the constitutional considerations.
All criminal practitioners should read the opinion.
After Lockridge and Steanhouse, appellate courts have been required to review outside-guideline sentences