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February 25, 2005

Keeping Booker busy

I am likely to be off-line for the rest of the day as I participate in the AFDAs full-day seminar on "Federal Sentencing In A New Era After Booker/Fanfan" (details here).  Fortunately, for Booker addicts, the federal circuits have already provided plenty of reading.  Also, I see that a webcast of the Washington Legal Foundation's Panel Discussion entitled "The Future of Federal Sentencing: 'Reasonable' Judicial Discretion or Congressional Intervention?," which took place yesterday, can now be accessed here.

February 25, 2005 at 10:40 AM | Permalink


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Some folks might be interested in these Seventh Circuit plain error opinions?


Posted by: Abe | Feb 25, 2005 6:17:48 PM

Thanks for the heads up on the 7th Circuit. U.S. v. Paladino, et. al., Nos. 03-2296, 03-2383, 04-1951, 04-2339, 04-2378, at 14-21 (7th Cir. Feb. 25, 2005), is very interesting. It is another "covert" en banc opinion that adopts a position that is very similar to the 2nd Circuit opinion in Crosby. Judge Posner says that, under a plain-error analysis, the reviewing court will retain jurisdiction over the appeal with a limited remand to the district judge to determine whether that judge would give a different (lower?) sentence upon a "real" remand. In addition to this, Judge Posner performs a very interesting plain-error analysis for which I cannot do justice; it is a must read. Also, this case confirms the 7th Circuit's position that Booker is not retroactive. One of the good things about this case, from a defense perspective, is that it joins the chorus against the 11th Circuit's postion. Professor, I am certain that you can address this case much better than I.

Posted by: doug | Feb 25, 2005 10:08:50 PM

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