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March 10, 2006

Eleventh Circuit ducks notable post-Booker notice issue

The Eleventh Circuit in US v. Scott, No. 05-12511 (11th Cir. Mar. 10, 2006) (available here), has rendered an interesting opinion in an interesting case involving a federal inmate being sentenced for threatening to harm the federal judge who imposed his original sentence.  By finding a guideline calculation error, Scott remands for resentencing without having to address the reasonableness of an upward variance or whether "the district court should have informed [Scott] before the sentence hearing that it was contemplating sentencing him above the guidelines range based on the ยง 3553(a) factors, and should have given him notice of the grounds for doing so."

March 10, 2006 at 03:39 PM | Permalink

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We have two cases pending before the Fourth right now that address the notice issue.

Posted by: JDB | Mar 10, 2006 5:01:01 PM

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