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July 7, 2005

Trying to keep up with the Eighth

I have long given up on keeping up with all the sentencing action in Eighth Circuit: in the less than sixth months since Booker was handed down, the circuit has already released over 235 opinions that appear on-line and at least mention Blakely or Booker.  (Marking a dramatic contrast, and reinforcing my observations last month about the divergent pace of Booker appeals in different circuits, the DC Circuit has only 7 such opinions appearing on-line.)  But a few published dispositions from today's copious bunch on this official opinion page caught my eye, and my friends "cut" and "paste" allow me to quickly set out the Eighth Circuit's official summaries:

US v. Bruce, No. 04-3589 (8th Cir. June 7, 2005) (available here): [PUBLISHED] [Wollman, Author, with Bright and Bye, Circuit Judges] Criminal case - Sentencing Guidelines.  District court erred in imposing sentence without consulting the guidelines and taking them into account in fashioning defendant's sentence; alternative sentence, which was almost double the sentence imposed, showed the error was not harmless, and the case must be remanded for resentencing.

Never Misses A Shot v. US, No. 05-1233 (8th Cir. June 7, 2005) (available here): [PUBLISHED] [Per Curiam - Melloy, McMillian and Gruender, Circuit Judges] Prisoner case - habeas.  The "new rule" announced in Booker does not apply to criminal convictions that became final before the rule was announced, and thus does not benefit movants in collateral proceedings, such as Section 2255 habeas actions.

July 7, 2005 at 12:36 PM | Permalink


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Folks might also be interested in this recent opinion from the Seventh Circuit that finds that within-the-Guidelines sentences are presumptively reasonable. Available at: http://www.circ7.dcn/tmp/K70S5ORL.pdf

Posted by: Fitz | Jul 7, 2005 2:13:15 PM

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