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May 30, 2005

Bevy of notable Booker circuit rulings

The late hour and an impending long holiday drive home precludes me from providing a thorough run-down of all the important Booker circuit rulings which came out late last week.  But I can at least quickly note that the First, Second, Fourth and Eighth Circuits all issued Booker decisions on Friday that merit review. 

Appellate Law & Practice has very brief accounts of the decisions from the First Circuit and from the Second Circuit.  Of this pair, the Second Circuit's work in US v. Selioutsky, No. 04-2740 (2d Cir. May, 27, 2005) (available here), is most notable for its discussion about the need to excise 3553(b)(2) and about how reasonableness review should operate.  (UPDATE: The Second Circuit Blog now has this post on Selioutsky.)

But, not to be overlooked, there is major work done by the Fourth Circuit in its discussion of appeal waivers in US v. Blick, No. 04-4887 (4th Cir. May 27, 2005) (available here).  And another major Friday by the ever-active Eighth Circuit produced seven(!) published sentencing rulings on its opinion page covering a broad range of Booker issues (in ways that most defendants and defense attorneys will not like).

Because I have only been able to give these opinions a very quick look, I highly encourage readers to use the comments to highlight any particularly notable aspects of Friday's Booker bounty.

May 30, 2005 at 02:21 AM | Permalink


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