April 21, 2006
Of note (on notice and fast-track) from the defender blogs
As I have mentioned before, Booker fanatics what to make a habit of checking out the collection of federal public defender blogs assembled at this link. Two recent items at two of these blogs seem especially noteworthy:
1. The Second Circuit Blog here notes a recent letter filed in a First Circuit case in which "the Government adopts the position — directly contrary to its earlier view — that Fed. R. Crim. P. 32 requires prior notice to the parties if a court intends to exceed the Guidelines range at sentencing, whether via a traditional departure or via a consideration of the § 3553(a) factors pursuant to Booker."
2. The Fourth Circuit Blog here discusses "early disposition or 'fast-track' programs in which the government agrees to a reduced sentence in exchange for a quick plea and a pledge not to contest deportation" and notes that the Fourth Circuit will soon consider the reasonableness of some district court decisions to "ameliorate the sentencing disparities caused by these fast-track programs pursuant to their authority under 18 U.S.C. Sec. 3553(a)." The blog post also provides a link to this interesting brief filed in the Fourth Circuit defending a district court's decision to consider fast-track disparity at sentencing.
April 21, 2006 at 07:12 AM | Permalink
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Regarding the notice issue, recently the Tenth Circuit has explicitly adopted this position (notice to both parties before any non-guidelines sentence can be imposed in United States v. Dozier, available at http://www.kscourts.org/ca10/cases/2006/04/05-6259.htm
Posted by: Shari Allison | Apr 21, 2006 7:02:39 PM