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February 20, 2005

Compilation of post-Booker federal decisions

With thanks to the Third Circuit Blog for the pointer, I see that the the Office of Defender Services Training Branch (ODSTB) of the Administrative Office of the U.S. Courts has this Blakely/Booker page for defense counsel.  Though the website is a bit dated (by reflecting more post-Blakely than post-Booker developments), the site now includes a link to this terrifically and oft-updated comprehensive outline of post-Booker decisions as of February 17, 2005.  Prepared by Frances H. Pratt, Research and Writing Attorney Office of the Federal Public Defender in Alexandria, Virginia, this outline provides the most complete review of post-Booker decisions I have seen (including a lot of habeas decisions that I have not had a chance to discuss on the blog).

February 20, 2005 at 05:30 PM | Permalink

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Ninth Circuit throws out another sentence in light of Booker!
The Ninth has done it again, in this case from Feb. 18th, United States v. Moreno-Hernandez, the Ninth stated that a district court must reconsider its decision to depart 16 levels upward and impose a sentence enhancement upon an offender for a prior crime under Oregon law.

For full opinion, see below:

http://caselaw.lp.findlaw.com/data2/circs/9th/0330387p.pdf

This opinion is important because it suggests nearly all federal prisoners in the West will be entitled to a re-sentencing or at least to ask the judge not to impose very severe enhancements. In this case, the Court held that the defendant's enhancement CAN be imposed (that is what the Court says), but it does not HAVE to be imposed (after Booker) and therefore the defendant is entitled to a re-sentencing and to argue that it SHOULD NOT BE IMPOSED. You can see, good defense counsel make all the difference in these matters. If you can get you re-sentencing (which seems easier and easier), you still need good counsel to craft an argument to reduce your sentence. At our firm, we have compiled a Motions bank of nearly 200 factors or reasons to mitigate or lower a federal prisoner's sentence. Please call us or email us today for more information.

Chip Venie, Esq.
[email protected]
(619) 235-8300

Posted by: Chip Venie | Feb 20, 2005 10:46:42 PM

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