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April 11, 2005

A call for SCOTUS action on Booker plain error

A few free minutes and a wireless network allows me to post quickly from Minnesota.  On the flight in, I had a chance to read closely all the opinions in the 10th Circuit's recent plain-error ruling in Gonzalez-Huerta, and I recommend it highly to everyone following this area of law closely.  I also have to spotlight the parting thoughts of Judge Lucero in Gonzalez-Huerta:

The division on this court over the proper approach to Booker cases pending direct review is replicated among the various circuit courts.  This wide ranging circuit split results in the disparate treatment of criminal defendants throughout the nation.  Such uneven administration of justice cries out for a uniform declaration of policy by the Supreme Court.

April 11, 2005 at 01:00 PM | Permalink

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Comments

I wonder, Professor Berman, what you think the odds are of the Supreme Court granting cert on the plain error issue. Sure, there is as big and fat a circuit split on this as there has been on anything in a long while. But will the Supremes think a pipline issue (i.e. a transitory one) significant enough to review? In my view, it's significant enough because of the opportunity it presents to clarify lots of ambiguity about plain error review in general, Olano, structural error, etc. But do you think the Supremes will see it this way?

Posted by: Jill | Apr 11, 2005 2:37:31 PM

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