PAST PRESENT AND FUTURE OF WHITE COLLAR SENTENCING IN THE FIRST CIRCUIT IN THE WAKE OF ADVISORY GUIDELINES AND THE IMPACT OF THE SENTENCING EQUITY FAIRNESS AND RESTORATION ACT OF 2007

John J. Cronan, New England School of Law

Abstract

Although the First Circuit has taken the stance that within guidelines sentences are presumptively reasonable, the First Circuit continues to be one of the minority circuits that departs from the guidelines higher than the national average. This is likely the result of zealous district court judges eager to regain their autonomy after the Booker decision. Exactly what the future holds for the First Circuit is uncertain – but three possibilities remain likely. First, Congress could enact the Sentencing Fairness Equity Restoration Act, essentially stifling any progress in the judiciary. The second possibility is that the First Circuit court of appeals will continue to hamper the discretion of its district court judges in what has been the trend since the advisory guidelines took effect. Lastly, the First Circuit could revamp its interpretation of ‘reasonableness’ review and actually allow district courts to make weighty decisions in white-collar cases.