August 24, 2005
First Circuit ducks federal-state disparity issue
As noted in this post, the First Circuit in US v. Wilkerson, No. 02-1729 (1st Cir. June 9, 2005), at the end of a lengthy opinion, seemed to endorse post-Booker consideration of disparities between state and federal sentencing. As detailed in this post, the government responded by petitioning for panel rehearing.
Thanks to this update from Tom Lincoln at the PRACDL Blog, I now see that the First Circuit has ducked substantive consideration this issue. As Tom reports, rehearing has been denied, but though this this errata entry, the First Circuit has added a footnote to its original Wilkerson opinion stating "We express no opinion at this time about whether federal state sentencing disparities may be considered under the post-Booker advisory guidelines."
August 24, 2005 at 01:39 AM | Permalink
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Tom Lincoln points out that, indeed, the First may be back-peddling on Federal-State sentencing disparities. In this errata, the First says:We express no opinion at this time about whether federal state sentencing disparities may be considered under th... [Read More]
Tracked on Aug 24, 2005 7:14:14 AM