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January 30, 2008

Two notable Rita remands from the Eighth Circuit

The Eighth Circuit today has two notable (and notably similar) remands based on Rita.  My friends cut and paste help me provide these unofficial summaries from this official circuit webpage:

US v. William Greene, No: 07-1479 [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges](available here): In light of Rita, the district court's application of a presumption of reasonableness to the applicable guidelines range was a significant procedural error, and the case is remanded for resentencing.
 
US v. Nathan Huff, No: 07-1500 [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges](available here): In light of Rita, the district court's application of a presumption of reasonableness to the applicable guidelines range was a significant procedural error, and the case is remanded for resentencing.

January 30, 2008 at 04:59 PM | Permalink

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