Federal Sentencing at the Ninth Circuit: Douglas Berman at Sentencing Law and Policy posted his thoughts on today's Ninth Circuit sentencing decision in Tapia-Romero, No. 05-50121 (9th Cir. May 1, 2008). Berman's commentary questions whether the Ninth Circuit was correct to uphold the district court's determination that "cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment." Berman wonders how far the decision will be taken, and whether it will lead to the prohibition of cost-benefit analysis in all federal sentencing determinations.