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May 8, 2012

Two distinct Sixth Circuit opinions struggle through career offender issues

The Sixth Circuit today released two lengthy opinions concerning application of the severe career offender provisions federal sentencing guidelines: US v. Horn, No. 11-5470 (6th Cir. May 8, 2012) (available here); US v. Jackson, No. 10-3923 (6th Cir. May 8, 2012) (available here). 

For many reasons, these panel opinions defy a simple summary, but both are must-reads for any and all practitioners (in the Sixth Circuit or elsewhere) dealing with career offender sentencing issues on appeal.  Because the case involving a victory for the defendant on appeal (Jackson) produced a split panel, it seems quite possible (even likely?) that federal prosecutors might seek further review of what the dissent describes as an issue involving an "intricate interaction among cases, statutes, and the United States Sentencing Guidelines."

May 8, 2012 at 10:53 AM | Permalink

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