Legal Question in Criminal Law in Virginia

If a sentencing Judge's silence effectively imposes a presumed consecutive sentence under Section 3584 (a), but he fails to follow the mandatory directive under Section 3584 (b) to consider relevant factors before imposition of the sentence, DOES THE FAILURE TO FOLLOW THE MANDATORY DIRECITIVE OF THE STATUTE GOVERNING THE SENTENCE RENDER THE SENTENCE ILLEGAL? AND WHAT DEFERENCE, IF ANY, SHOULD BE GIVEN TO AN ILLEGAL SENTENCE?


Asked on 10/29/10, 12:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

So, what is your evidence that this sentencing judge failed to consider the 3553(a) factors referenced in U.S.C. Sec. 3584 (b)?

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Answered on 11/04/10, 5:25 am


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