What is the test for a sentencing judge to record an explanation of a sentence disparity between two sentences?
MultiRegion, United States of America
The following excerpt is from U.S. v. Rouland, 9 F.3d 1555 (9th Cir. 1993):
"When there is substantial disparity in sentences imposed upon different individuals for engaging in the same criminal activity, the preservation of the appearance of judicial integrity and impartiality requires that the sentencing judge record an explanation." United States v. Capriola, 537 F.2d 319, 321 (9th Cir.1976).
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