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March 1, 2005

The plain error patterns continue

The Booker story in the circuits is now perhaps getting a bit boring, as circuits continue on their distinctive plain error paths.  For example, the Eleventh Circuit today continued its tough plain error approach by reissuing here its opinion in US v. Curtis denying a Blakely/Booker claim.  Meanwhile, late last week, the Second and Third and Ninth Circuits remanded cases on Booker grounds in their own distinctive ways.  See US v. Daidone, 2005 WL 435409 (2d Cir. Feb. 25, 2005); US v. Moore, 2005 WL 428785 (2d Cir. Feb. 24, 2005); US v. Able, 2005 WL 428758 (3d Cir. Feb. 24, 2005); US v. Sumner, 2005 WL 428832 (9th Cir. Feb. 24, 2005).

The most interesting of the recent Booker decisions comes from the Seventh Circuit per Judge Easterbrook.  Though US v. Lee, No. 03-4239 (7th Cir. Feb. 25, 2005) (available here), essentially reiterates the court's major plain error holding in Paladino (basics here), the tone of the opinion is essential Easterbrook as the Lee court details all the settings in which Booker remand might not be necessary.

March 1, 2005 at 01:21 AM | Permalink

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Comments

Private Individual, Just trying to understand the law...Still don't!
My son, 4 months ago, was at home..A friend of his came by on a Saturday morning, and wanted him to ride to Kansas City to get a part for his van at a junkyard...(Nothing abnormal here)He came by every once in awhile...
app. 45 minutes later, they were pulled over for speeding, The officer asked if they could search the van, And the "Friend" said yes..Low and behold up popped a sawed off shotgun, and a pistol...Brandon, My son, has NEVER owned a gun, or even shot one to my knowledge, Anyway, They are both charged with Felon in possession of a firearms, My son, Brandon, Had a felony for theft 12 yrs ago, when he had broke into a flood house in Missouri,...
He has been in the Leavenworth Federal Holding Facility For over 4 months, and his court date isn't until July 11th...He has a public defender that won't tell him or me NOTHING!, But the inmates there are telling him he is facing 10 yrs, and he didn't even know the guns were in there, The guns were found in the very back of the van, not even within reach...
Does anyone know a link where I can pull up my sons criminal background for KS, and the criminal point system that the Federal Judicial uses..I have the Missouri one...
Thanks,
A Mother Going Crazy!

Posted by: Cheri | May 22, 2006 11:19:43 PM

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