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July 27, 2006

Intriguing Ninth Circuit Booker pipeline case

The Ninth Circuit today in US v. Lence, No. 05-30236 (9th Cir. July 27, 2006) (available here) discusses this question: "whether a criminal defendant has a right to be resentenced by his original sentencing judge on remand following Booker error."   Here is the money quote:

We believe the proper course is for the original sentencing judge to conduct the resentencing, particularly where the judge felt strongly enough to make on-the-record statements about the propriety of the sentence he was required to impose under the Guidelines.

July 27, 2006 at 05:12 PM | Permalink


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What is a Booker pipeline case?

Posted by: DM | Aug 8, 2006 10:55:35 PM

What is a Booker pipeline case?

Posted by: DM | Aug 8, 2006 10:58:53 PM

I am a court interpreter (Spanish) for the Western District of Texas and have been part of an online discussion group this evening in which none of our federal defense attorneys know what a pipeline case is. They keep guessing that it must have to do with illegal immigration coming up the I-35 corridor from Mexico (hence: pipeline). That just doesn't sound right to me.

Posted by: DM | Aug 8, 2006 11:04:34 PM

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