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April 20, 2005

Two more of interest from the Seventh Circuit

I noted in this post late last night two interesting sentencing opinions issued by the Seventh Circuit on Tuesday. Today we get two more from that court which seem worth noting:

April 20, 2005 at 04:03 PM | Permalink

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The Skoczen case seems very significant to me. Since Booker was decided and the reasonableness standard of review was put in place, it seemed logical to assume that an error in calculating the guideline range would not entitle a defendant to a remand. Rather, it seemed logical to assume that even if there was a guideline calculation error, vacation of the sentence would not be necessary so long as the ultimate sentence was reasonable. With the language in this case, however, it looks as if a sentence imposed based upon an incorrectly determined guideline range will be deemed to be automatically "unreasonable" and sufficient to warrant a remand. If this is correct, then Booker has actually increased the number of ways with which a defendant can obtain a remand--either through good-old-fashioned guideline calculation errors or unreasonableness (with or without guideline calculation errors).

Posted by: JEH | Apr 20, 2005 4:18:06 PM

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