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March 11, 2005

Ninth Circuit's Ameline goes en banc!

As Howard Bashman reports here, the Ninth Circuit today granted rehearing en banc in Ameline, the case in which the circuit had established a broad plain error standard for Booker cases (detailed here).  The Ninth Circuit's order, which serves to vacate the panel's ruling, is available here, and all the paper related to the case can be accessed here.

With this development, combined with the Fourth Circuit's intriguing rehearing decision in Hughes, leaves only the Third and Sixth Circuits applying the broad "presumption of prejudice" plain error standard (discussed more fully here).

March 11, 2005 at 10:07 PM | Permalink


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An appellate federal public defender in CA tells me that oral argument en banc on Ameline is set for 3/24, and that there will be no further briefing.

Posted by: Peter G | Mar 12, 2005 11:00:53 AM

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