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July 23, 2004

More Sixth Circuit action in Montgomery?

I have heard from a few sources that the Sixth Circuit did something today (en banc?) concerning the Montgomery decision. But I cannot yet find any tangible evidence of this. (Howard Bashman, where are you when I need you?) I am about to be off line for a meeting, but I hope readers in the know will use the comments to provide information and links to any news.

UPDATE: According to Jason Hernandez at the Blakely Blog, "the defendant and the government have joined in a Rule 42 of the Federal Rules of Appellate Procedure motion to dismiss the appeal in United States v. Tiffany Montgomery, No. 03-5256." I assume this motion will be granted, though I know that the Sixth Circuit has asked for expedited breifing in at least one other case that presents Blakely issues more cleanly.

July 23, 2004 at 11:00 AM | Permalink

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PACER Entry in Montgomery case:

7/22/04 Appellant MOTION filed to dismiss case. Motion filed by Needum L. Germany and Stephen Shankman for Appellant Tiffany Harris Montgomery. Certificate of service date 7/22/04 [03-5256] (blh)

Posted by: | Jul 23, 2004 11:24:03 AM

This comes from Jason Hernandez's blog
6th Circuit News -Developments in United States v. Tiffany Montgomery
From the 6th Circuit, I have learned that the defendant and the government have joined in a Rule 42 of the Federal Rules of Appellate Procedure motion to dismiss the appeal in United States v. Tiffany Montgomery, No. 03-5256.

The defendant filed the appeal challenging the BOP policy which will not honor the district court's recommendation that the defendant be entitled to serve her sentence in a halfway house. After the Sixth Circuit entered the order vacating the Montgomery opinion, the parties have worked the matter out with the result that the defendant will be allowed to serve her sentence in a halfway house.

But, if you will look at the Montgomery decision, you will note that the Sixth Circuit decided not to address the BOP policy at all. It sent the case back to allow the district court to look at some new district court authorities on the policy, and on its own it said that Blakely would free the court from having to be bound by the guidelines. Since the defendant got the relief she requested, the appeal is moot at this point.


Posted by: Roy Litland | Jul 23, 2004 11:49:54 AM

I have learned that the defendant and the government have joined in a Rule 42 of the Federal Rules of Appellate Procedure motion to dismiss the appeal in United States v.

Posted by: Robe de Soirée 2013 | Dec 13, 2012 12:43:18 AM

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