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January 15, 2006
Circuits grabbing the sentencing headlines
In my January preview, I did not think to highlight that federal circuit courts would be continuing to issue Booker and other notable sentencing opinions. Ever since the plain error split became entrenched, second half of last year did not bring that many exciting sentencing opinions from the federal circuits. But, as detailed below, 2006 has already brought a lot of noteworthy circuit sentencing action:
CIRCUITS FILLING OUT REASONABLENESS REVIEW
- First Circuit rejects reduced crack/powder ratio
- Major Fourth Circuit Booker decision on consideration of state/federal disparity
- Sixth Circuit publishes (opaque) approval of downward departure
- A Booker double-header from the Seventh Circuit
- Seventh Circuit expounds still further on reasonableness review
- Eighth Circuit explains why within-guideline sentences are appealable
- Ninth Circuit expounds on reasonableness review
- Eleventh Circuit affirms significant below-guideline sentence
- Eleventh Circuit confirms within-guideline sentences are reviewable post-Booker
OTHER IMPORTANT CIRCUIT SENTENCING RULINGS
- Ninth Circuit says aloha to Hawaii's sentencing system
- Notable Ninth Circuit decision finding plea invalid
- Tenth Circuit affirms 55-year mandatory minimum sentence in Angelos
- Eleventh Circuit predicts the demise of Almendarez-Torres (though it lives on for now)
January 15, 2006 at 10:11 AM | Permalink
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