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April 20, 2005

Two for Tuesday from the 7th Circuit

Though the discussion of plain error coming from Eleventh Circuit judges is perhaps the most noteworthy of the Booker circuit developments Tuesday (details here), two opinions from the Seventh Circuit caught my eye and merit brief mention:

  • In US v. Lewis, No. 03-4100 (7th Cir. Apr. 19, 2005) (available here), Judge Easterbrook expounds on Shepard and the use of criminal history under the guidelines, explaining along the way that "[w]hat matters is the fact of conviction, rather than the facts behind the conviction."

  • In US v. Cunningham, No. 03-3006 (7th Cir. Apr. 19, 2005) (available here), Judge Coffey explains, in a decision that also has a brief discussion of reasonableness, why a Paladino remand is not required in a case in which the sentencing judge departed upward based on (uncharged) relevant conduct in a child pornography case.

April 20, 2005 at 01:42 AM | Permalink


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student, judiciary committee intern.

Isn't the real question not the FACT of conviction nor the facts behind the conviction but rather whether the person before you is in fact the person previously convicted? That may be easy to take for granted. That could be less than obvious in illegal re-entry cases.

Posted by: Danica Noble | Apr 20, 2005 1:35:18 PM

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