The Michigan Court of Appeals, in the consolidated opinions of People v. Masroor
, Nos. 322280; 322281; 322282, has brought into question its recent decision in People v. Steanhouse
(Docket No. 318329, issued October 22, 2015). In Steanhouse
, which we blogged about here
, the Court of Appeals held that trial courts should employ a “principle of proportionality” test when departing from an advisory sentencing guideline range. This test requires that sentences be proportionate to the seriousness of the circumstances surrounding the offense and the offender. Nonetheless, the Michigan Court of Appeals stated here that it disagrees with the analysis set forth in Steanhouse,
and if it were not bound by that decision, it would affirm the defendant’s sentence by applying the federal “reasonableness” standard.