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April 15, 2005

More notable circuit rulings (from the blogsphere)

As I have noted repeatedly of late, there is too much significant Booker circuit action to cover comprehensively.  But, as detailed in today's posts concerning cases from the Third and Fifth and Tenth Circuits, I am able (aided by readers) to spotlight some of the more interesting rulings.  And, helpfully, a number of others around the blogsphere are also keeping with with some of the Booker circuit action:

  • White Collar Crim Prof Blog here has an effective account of a recent First Circuit case articulating and applying the circuits tough plain error standard.

  • The Third Circuit Blog here has the details on a case from last week in which the Third Circuit did its usual pro forma remand, but in this case did so despite a seemingly applicable appeal waiver.

  • Appellate Law & Practice has reports on interesting sentencing cases from the Second Circuit here and here and from the Eleventh Circuit here.

  • UPDATE: And Appellate Law & Practice also brings us here an important ruling from the Fifth Circuit concerning what is needed in the record to preserve Booker error, with accompanying "surprise [about] how little is needed."

April 15, 2005 at 01:12 AM | Permalink


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