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April 21, 2006

A bit of Booker around the circuits

Finishing up a few articles and the end of classes has kept me from keeping up with the Booker circuit action of late.  Fortunately, other bloggers are helping to take up the slack:

  • As detailed here at Appellate Law & Practice, the First Circuit on Thursday issued a notable per curiam opinion in US v. Sagendorf, No. 05-1991 (1st Cir. Apr. 20, 2006) (available here) that includes some important comments about post-Booker sentencing.
  • As detailed here at Second Circuit Blog, the Second Circuit on Tuesday in US v. Reifler, No. 03-1244 (2d Cir. Apr. 18, 2006) (available here), officially joined the cavalcade of circuits ruling that Blakely does not apply to orders of restitution.

In addition, the Tenth Circuit issued an important decision yesterday in US v. Terrell, No. 05-1521 (10th Cir. Apr. 20, 2006)(available here), in which the panel explains why it considers appropriate a presumption of reasonableness for a within-guideline sentence in the course of holding it is proper for a district court to give "a high degree of weight to the Guidelines in its sentencing decisions."

April 21, 2006 at 12:10 AM | Permalink


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