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May 23, 2005

Busy Booker day in the circuits

Though I have a night of Supreme Court reading planned (starting with the Colorado Supreme Court's Blakely decision in Lopez), the circuit courts have not given us a Booker break today.  Of course, it's not news that the Eighth Circuit has posted a bunch more sentencing decisions on its daily opinion webpage, but it is interesting to see the First Circuit today deliver a big bunch of Booker rulings as well.  (The always helpful Appellate Law & Practice now has posts accounts of many of the rulings from the First.)   

In addition, the Third, Fifth, Sixth, Seventh, and Eleventh Circuits all have also issued at least one ruling with some Booker discussion today.  And because the Tenth Circuit issues its decisions late in the day, it is possible we will might have even more Booker circuit rulings before the day is done.  Readers are highly encouraged to note in the comments or via e-mail any particularly notable holdings or dicta in all this Monday Booker action.

Speaking of the Tenth Circuit, because of its late-day work, I missed that on Friday the Tenth Circuit issued a notable en banc Booker ruling in US v. Yazzie, No. 04-2152 (10th Cir. May 20, 2005) (available here).  What makes Yazzie perhaps most notable is that it is the first circuit ruling I have seen which holds, on the authority of Booker, that 18 USC 3553(b)(2) must be "excised" to make the guidelines advisory in sex offense cases along with all other cases.  (For background on this issue, see this post.)

May 23, 2005 at 05:09 PM | Permalink

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