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March 3, 2005

More rapid remands on Booker grounds

This week has not (yet) brought any major circuit rulings on Booker.  But we are continuing to see from many circuits what might be called rapid remands —  remands on Booker grounds without any significant discussion of plain error or harmless error issues. 

I see on-line tonight such rapid remands on Booker grounds already this week from the Third, Fourth, Sixth, Eighth and Ninth Circuits.  See US v. Marquez, 2005 WL 455858 (3d Cir. Feb. 28, 2005); US v. Newill, 2005 WL 468312 (4th Cir. Mar. 01, 2005); US v. Graham, No. 03-4346 (6th Cir. Mar. 1, 2005); US v. Sdoulam, 2005 WL 474337 (8th Cir. Mar. 02, 2005); US v. Morin, 2005 WL 450106 (8th Cir. Feb. 28, 2005); US v. Perez, 2005 WL 466053 (9th Cir. Mar. 01, 2005).

In addition, on Tuesday the Fourth Circuit in US v. Collins, 03-4848 (4th Cir. Mar. 2, 2005) (available here) gave Booker issues a bit fuller airing, though ultimately ordered a remand based on the court's prior work in Hughes (basics here).

The Third Circuit Blog has some interesting comments here about the remand practices of the Third Circuit, and Appellate Law & Practice here has some amusing comments about the Sixth Circuit's work in Graham.

March 3, 2005 at 01:08 AM | Permalink


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