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June 9, 2006

Important Tenth Circuit work on reasonableness

The Tenth Circuit, perhaps inspired by its pretty new website, has issued two significant decisions addressing reasonableness this week:

If time permits, I may have more to say about both these interesting rulings over the weekend.

June 9, 2006 at 11:11 AM | Permalink

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Comments

I'm cautiously optimistic about Cage, not least because they cited you and a lot of commentary critical of Booker being used to hurt defendants.

The guideline sentence was something like 47 months, and the downward departure was to six days in prison plus three years of probation so it was a pretty dramatic downward departure for some pretty unexceptional facts (a child would have to be cared for by a relative, and involvement while relatively minor, was still pretty hands on compared to many girlfriend/wife conspiracy cases.

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