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March 22, 2005

Lots and lots more Booker circuit action

This morning I noted here that the circuit were settling into their plain error patterns, and this afternoon brings a lot more of the same.  Indeed, today may set a record for Booker circuit decisions, and there are a few notable developments in some of these cases: 

March 22, 2005 at 05:11 PM | Permalink


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Garcia also is curious because the 11th Cir. apparently considered (and, in fact granted relief on, a Blakely/Booker issue raised for the first time in a supplemental brief, contrary to circuit precedent on appellate waiver. Not to mention that the Booker error it found reversible in Garcia (sentence above max authorized by jury's verdict) was different than the Booker error identified in Rodriguez (application of guidelines as mandatory).

Posted by: Unknown | Mar 22, 2005 8:56:10 PM

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