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August 7, 2004

Is the Eighth Circuit taking Mooney en banc?

Howard Bashman of How Appealing reports here that he has been "reliably advised that the Eighth Circuit late [Friday] has granted rehearing en banc on the court's own motion in United States v. Mooney, the case in which a divided three-judge panel had declared the U.S. Sentencing Guidelines unconstitutional in the aftermath of Blakely." (Mooney basics are here, commentary here)

Though I was not able to find anything official on the Eighth Circuit's website, I assume Howard's information and sources are very sound. And, if true, the decision to take Mooney en banc would be yet another crazy development in the Eighth Circuit's part of the Blakely universe, which already has the craziness of another major circuit ruling in Pirani (details here) and a thoughtfully wayward district judge (details here).

August 7, 2004 at 12:38 AM | Permalink


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I assume Howard's information and sources are very sound.

Posted by: Robe de Soirée 2013 | Dec 14, 2012 2:15:44 AM

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