CA5 (11.12.04)
In an usual decision yesterday, United States v. Andrews, the Fifth Circuit held that the district judge “blatantly elect[ed] to ignore the plain language of the [sentencing] guidelines” when he sentenced Andrews to 120 months for fraud. The court remanded for resentencing by a different district judge, noting “[t]his is far from the first time we have had to reverse this judge” who “has breached the barrier between the rule of law and the exercise of personal caprice.”

Douglas Berman blogs about the decision here, with the promise of more to come.