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June 27, 2006

Prosecution prevails in many Eighth Circuit rulings

As highlighted by this list, it is not surprising when the prosecution prevails on sentencing issues in the Eighth Circuit.  And today this official circuit opinion page shows too many government wins for me to process them all.

Two sentencing rulings stand out: in US v. Medearis, No. 05-2991 (8th Cir. June 27, 2006) (available here), a divided panel reverses yet again another below-guideline sentences hardly news; in US v. Smith, No. 05-2124 (8th Cir. June 27, 2006) (available here), the circuit finds legal error in the district court's decision not to consider an obstruction of justice enhancement which was based on allegations of perjury at trial.  Smith thus essentially holds that a district court, notwithstanding the rulings in Blakely and the merits opinion in Booker, cannot refuse to consider holding a defendant liable at sentencing for an uncharged claim of perjury.

In other interesting Eighth Circuit news, a panel also held in US v. Kraklio, No. 06-1639 (8th Cir. June 27, 2006)(available here) there were no Fourth Amendment problems with the collection a federal probationer's DNA under the provisions of the DNA Analysis Backlog Elimination Act of 2000.

June 27, 2006 at 12:39 PM | Permalink

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