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August 23, 2006

Ninth Circuit going en banc on reasonableness review

Howard Bashman reports here on this order from the Ninth Circuit granting rehearing en banc in two cases addressing reasonableness review after Booker.  The two cases are Carty (discussed here) and Zavala (discussed here).  I had heard of griping from various quarters about the ruling and impact of Zavala, so I am not too surprised by this development.

Perhaps what is most interesting is the moving reasonableness target that the en banc Ninth Circuit may face.  It seems unlikely that this en banc case will be fully briefed before the Supreme Court hears Cunningham, the California Blakely case in which the state defends its system essentially on Booker reasonableness grounds.  Also, as I suggested here, the Supreme Court perhaps should grant cert on a federal reasonableness case in the next few months given the splits I have noted here.  It will interesting to see how SCOTUS developments could impact the Ninth Circuit's en banc work.

August 23, 2006 at 05:24 PM | Permalink

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