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August 16, 2005

Ninth Circuit amends notable footnote on sentencing procedure

Among a whole bunch of criminal dispositions by the 9th Circuit today is an important order and amended opinion in US v. Dupas, No. 04-50055 (9th Cir. Aug. 3, 2005), amended (Aug. 16, 2005) (available here).  The principle holding of Dupas, which I first discussed here and the Ninth Circuit Blog covers here, concerning ex post facto/due process issues has not been changed.  But, the original Dupas had a questionable footnote which seemed to reject a claim for applying the proof standard of beyond a reasonable doubt at sentencing and also included other notable dicta about sentencing procedures.  In the new amended opinion, this original questionable footnote has been removed and replaced with this simple statement:

Defendant raises two arguments about the procedure that the district court must follow in the event that the court agrees to resentence him.  We leave those issues for the district court to decide in the first instance.

Interesting....

August 16, 2005 at 01:01 PM | Permalink

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