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February 25, 2005

11th Circuit does a Booker remand

Though not quite as big as the news from the Seventh Circuit on plain error (basics here), I see from Appellate Law and Practice here that the Eleventh Circuit today did remand a case on Booker grounds. Interestingly, in US v. Shelton, No. 04-12602 (11th Cir. Feb. 25, 2005) (available here), there was not Sixth Amendment violation, but the Eleventh Circuit remands because it still finds "Shelton has established a reasonable probability that the district court would have imposed a lesser sentence but for the mandatory Guidelines regime."

February 25, 2005 at 09:38 PM | Permalink

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Comments

Finally some good news from the 11th circuit!!!

Posted by: D | Feb 27, 2005 1:37:36 AM

well, i agree! finally! maybe the common-sense language in the opinion is the light at the end of the tunnel?
thank you for your blog, prof!
mary
mother of a 22 year old sentenced to 188 months in the fed for conspiracy (no drugs in possession) based on enhancements and career offender status (juvenile-marijuana)- after our judge refused the recommendations of the PSI

Posted by: mary | Feb 27, 2005 11:19:38 AM

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