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July 20, 2005

Seventh Circuit give short shrift to Booker ex post facto claim

In a brief opinion today in United States v. Jamison, No. 05-1045 (7th Cir. July 20, 2005) (available here), the Seventh Circuit disposed in quick fashion of the defendant's claim that ex post facto/due process principles limited application of the Booker remedy to a case in the pipeline when Booker was decided. 

The Seventh Circuit Blog has a full summary of Jamison here, though I hasten to add that the Jamison facts seemed not to be the best case for testing what I view as the strongest ex post facto/due process claim (which arises only if/when a judge uses his or her new post-Booker discretion to impose a sentence above what even the guidelines would have allowed pre-Booker).  However, the broad rationale and language employed by the court in Jamison might readily be read to dispose of any and all Booker ex post facto/due process arguments regardless of the factual particulars.

July 20, 2005 at 10:58 PM | Permalink

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