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August 3, 2006

Sixth Circuit thoughtfully discusses due process in affirming above-guideline sentence

The Sixth Circuit  has a quite thoughtful opinion discussing due process in the retroactive application of the Booker remedy in the course of affirming an above-guideline sentence in US v. Barton, No. 05-1229 (6th Cir. Aug. 3, 2006) (available here).  Adding to the nuance of Barton is a refined concurrence from Judge Cole suggesting that reasonableness review can and should keep some constitutional concerns at bay.

August 3, 2006 at 01:20 PM | Permalink

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