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November 25, 2005

Some sentencing leftovers from the circuits

Today is the day for shopping and leftovers.  Both leave me too sleepy to discuss at length the various sentencing cases that were decided by the circuit courts on Wednesday before the holiday started.  But I can at least note and link these (tasty?) rulings:

From the First Circuit, US v. Rondeau, No. 05-1054 (1st Cir. Nov. 23, 2005) (available here) concerns the presentation of hearsay evidence at a revocation hearing.

From the Second Circuit, US v. Bliss, No. 04-1163 (2d Cir. Nov. 23, 2005) (available here) concerns the application of the obstruction of justice enhancement under the federal sentencing guidelines.

From the Fourth Circuit, US v. Shamblin, No. 04-4571 (4th Cir. Nov. 23, 2005) (available here) remands for resentencing in one of the major cases from the Blakely-Booker interregnum.

From the Sixth Circuit, US v. Smith, No. 04-5669 (6th Cir. Nov. 23, 2005) (available here) concerns the application of the acceptance of responsibility provision under the federal sentencing guidelines.

From the Seventh Circuit, US v. Cross, No. 05-2222 (7th Cir. Nov. 23, 2005) (accessible here) rejects a number of challenges to the determination of a drug sentence.

From the Eleventh Circuit, US v. Munoz, No. 05-2222 (11th Cir. Nov. 23, 2005) (available here) rejects a number of challenges to the determination of a fraud sentence.

Also, anyone eager for a "fresh" sentencing decision can look to the hard working Eighth Circuit, which today rendered an interesting decision addressing revelvant conduct issues as well as Booker issues in US v. Schafer, No. 04-3101 (8th Cir. Nov. 25, 2005) (available here).

Readers are robustly encouraged to use the comments to spotlight if there are any especially significant and consequential aspects to any of these rulings.

November 25, 2005 at 02:21 PM | Permalink

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Comments

Hard working! Bah! It is probably against federal law to issue an appellate decision on Thanksgiving, and I can assure you that the rest of the criminal justice system is not standing ready to implement it, no matter how diligent the 8th Circuit is inspired to be.

Posted by: ohwilleke | Nov 26, 2005 12:20:45 AM

From the Eleventh Circuit, US v. Munoz, No. 05-2222 (11th Cir. Nov. 23, 2005) (available here) rejects a number of challenges to the determination of a fraud sentence.
Please! anyone out there. Anyone can help founding any grounds for En Banc, the real problem here was the trial, a disaster, was no contend from the defense, defense attorneys screw out the defedants! Goverment make them look as rats becuase of no real agressive defense, anyone reading the appael will have the same taste, real difficult to make a fare appeal. Ideas welcome!

Posted by: C Correa | Dec 3, 2005 7:53:41 PM

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