United States v. Hunter

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent. 

Brief filed: 04/28/2021


United States v. Hunter

6th Circuit Court of Appeals; Case No. 21-1275

Prior Decision

Decision below United States Distr. Court Eastern District of Michigan Case No. 2:92-cr-81058 (March 5, 2021)


Contrary to the government’s position, there was nothing “usual, average, or normal” about the sea change in sentencing law caused by Booker. The Sixth Circuit should explicitly acknowledge that a district court has the discretion to consider, as part of its “extraordinary and compelling” analysis, inappropriately harsh sentences received by some defendants in the unconstitutional pre-Booker regime.


Michael L. Waldman, Courtney L. Millian, Robbins, Russell, Englert, Orseck, Untereiner & Sauber, LLP, Washington, DC; Stephanie Kessler, NACDL, Cincinnati, OH; Elizabeth Blackwood, NACDL, Washington, DC.

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