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July 29, 2005

Fascinating sentencing day around the circuits

I was away from the computer most of Thursday, and so I am only now catching up on the day's sentencing developments.  And what an interesting day Thursday turned out to be in the circuit courts. In addition to the usual panoply of sentencing rulings from the Eighth Circuit (reported here), the day brought noteworthy sentencing decisions from the Sixth, Seventh and Eleventh Circuits.  Here is a (too quick) run-down:

In US v. Christopher No. 04-3946 (6th Cir. July 28, 2005) (available here), the Sixth Circuit concludes that the annoucement of alternative sentences by the district court rendered any Booker error harmless, and along the way provides a helpful recap of other circuit court rulings to a similar effect.

In US v. Krueger, No. 04-2539 (7th Cir. July 28, 2005) (available here), the Seventh Circuit discusses but ultimately ducks an interesting claim about whether a statement was obtained illegally by holding that sentencing judges "may consider reliable evidence that was obtained illegally in fashioning an appropriate sentence."

In US v. Searcy, No. 03-16282 (11th Cir. July 28, 2005) (available here), the Eleventh Circuit concludes that the offense of "inducement, enticement or coercion of a minor to engage in unlawful sexual activity carries an inherent risk of physical injury to the minor" and thus "should be classified as a crime of violence for the purpose of career offender classification."

July 29, 2005 at 01:51 AM | Permalink

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