Note

What Feeney Got Right: Why Courts of Appeals Should Review Sentencing Departures De Novo

113 Yale L.J. 1955 (2004)

Last summer, when a panel of the U.S. Court of Appeals for the First Circuit issued its initial ruling in United States v. Thurston, it plunged into a war between federal judges and Congress, as well as between district and appellate courts, over how much flexibility trial j…