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April 6, 2005

5th Circuit on Shepard and prior convictions

In yet another case highlighting possible disputes over the nature and scope of a defendant's criminal history (such as this 10th Circuit decision from earlier this week), the Fifth Circuit in US v. Gutierrez-Ramirez, No. 04-41742 (5th Cir. Apr. 5, 2005) (available here) reversed a district court application of a guideline enhancement based on a prior conviction for a "drug trafficking offense."  The Court held that "the district court erred in using a California abstract of judgment to determine whether the defendant's prior California conviction qualified as a 'drug trafficking offense.'"  Along the way, the Fifth Circuit has a chance to discuss Shepard and Booker and a number of circuit precedents struggling with these sorts of questions.

April 6, 2005 at 05:03 PM | Permalink


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Have there been any post-Booker decisions on these two relevant conduct issues: 1)whether acquitted conduct is still relevant conduct? 2)whether conduct which could not be charged because of the statute of limitations still be treated as relevant conduct?

Thanks! Ellen C. Brotman

Posted by: Ellen C. Brotman | Apr 6, 2005 5:43:59 PM

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