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April 20, 2005

Updating the Booker summary

I noticed today that Frances Pratt has updated yet again, with decisions through April 17, her terrific extended outline of post-Booker decisions, which is available here and now runs 87 pages.  In the same spirit, the opinions from 11th Circuit by Judges Carnes, Tjoflat and Barkett today in the Rodriguez denial of rehearing en banc (basics here) indirectly serves as a review of a number of post-Booker issues and developing doctrines.  It is also a fun (though lengthy) read.

April 20, 2005 at 02:02 AM | Permalink

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The Hartford Courant has a story today regarding the Second Circuit's remand in US v. Godding (2005 WL 894786); the article notes that Judge Dorsey, the sentencing judge, has a reputation (which may or may not be warranted) for imposing light sentences in white-collar cases. The article is available at http://www.courant.com/news/local/hc-godding0420.artapr20,0,872757.story?coll=hc-headlines-local. The Godding remand order is worth reading. It includes an interesting discussion of the Second Circuit's concern with the sentencing court's mention of the bank's failure to prevent the defendant's embezzlement over a period of five years. Even though the sentencing court expressly stated that it was not relying upon that factor to grant a departure under the Guidelines or to impose a non-Guidelines sentence, the Second Circuit emphasized the fact that the sentencing court mentioned it "several" times. This emphasis seems to be in contrast with the usual approach of appellate courts in taking a sentencing court at its word in determining what factors it did, and did not, consider in imposing a sentence.

Posted by: Sarah | Apr 20, 2005 11:00:00 AM

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