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May 19, 2006

Lots of intriguing reasonableness action in the circuits

My schedule this week has kept me from keeping up with all the Booker action in the circuits.  But, with a bit of time to catch up, I see three recent opinions discussing reasonableness review that seem worth noting:

  • US v. Rivera, No. 05-1366 (1st Cir. May 19, 2006) (available here, AL&P notes here)
  • US v. Toohey, No. 05-4688 (2d Cir. May 17, 2006) (available here, DotD notes here)
  • US v. Morris, 05-1623 (6th Cir. May 19, 2006) (available here, DotD notes here)

Among this bunch, Morris is probably the most fun to read, in part because of a concurrence by Judge Clay that attacks the Sixth Circuit's adoption of a rebuttable presumption of reasonableness for within-guidelines sentences.

Some related posts on reasonableness review:

May 19, 2006 at 04:05 PM | Permalink

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