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June 8, 2011

Mid-week three-fer from the circuits on federal sentencing procedural intricacies

For all big fans of intricate questions involving federal sentencing procedures — and, really, who isn't a big fans of intricate questions involving federal sentencing procedures — I have already noticed three blog-worthy opinions from the federal circuits this week:

From the Fifth Circuit, US v. Harper, No. 10-30643 (5th Cir. June 6, 2011) (available here), involves a sentence reversed because prosecutors violated their plea agreement to establish drug quantity.

From the Sixth Circuit, US v. Talyor, No. 09-1961 (6th Cir. June 7, 2011) (available here), involves a sentence reversed primarily to give effect to the Pepper ruling.

From the Ninth Circuit, US v. Gonzalez-Aparicio, No. 09-10447 (9th Cir. June 8, 2011) (available here), involves a sentence affirmed, over a strong dissent, based on plain-error review concerning whether statutory rape qualifies as a crime of violence.

June 8, 2011 at 04:15 PM | Permalink

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