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February 21, 2005

Is it en banc time for Ameline?

David Porter over at the Ninth Circuit Blog here last week detailed that the government has sought expedited consideration of whether to rehear en banc the Ninth Circuit's important Ameline ruling (basics here, commentary here), and has also filed a motion to defer disposition of all pending direct criminal appeals presenting Booker claims pending resolution of the government's petition for rehearing en banc).  A copy of the government's en banc petition is available here.  In addition to providing the government's arguments on plain error issue, the brief has some very interesting statements about the practical consequences of mass remands in the circuit"whose district judges impose more Guidelines sentences per year than any other Circuit."

February 21, 2005 at 05:21 PM | Permalink

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Comments

I have E-mailed you before re: my husband who is currently incarcerated. I am trying to get a copy of the government's en banc petition in the 9th Circuit re: Ameline. I missed it the first time around and can't seem to pull it up off the archived posts. Thank you. Sincerely,
Bette Rosen

Posted by: Bette Rosen | Mar 6, 2005 11:27:08 PM

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB