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May 9, 2006

A final tweak to finish Menyweather

The Ninth Circuit today put a finishing touch on US v. Menyweather, No. 03-50493 (9th Cir. Dec. 16, 2005) (discussed here), amended (May 9, 2006) (available here).  Though technically a case about a pre-Booker departure, Menyweather has garnered attention because of a strong dissent from Judge Kleinfeld and because the Justice Department has cited the decision as an example of the lax nature of post-Booker reasonableness review.

Today's order and brief amendment in Menyweather reveals that only Judge Kleinfeld is interested in reconsidering the case en banc.  And I suspect that DOJ won't even bother to seek cert, though it likely will continue to cite the case as an example of post-Booker problems.  However, as this list of major post-Booker reasonableness review outcomes highlights, victories for government dominate the post-Booker appellate world and Menyweather is an anomalous outlier in many respects.

May 9, 2006 at 04:33 PM | Permalink

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