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April 7, 2005

Reviewing the big Booker day in the circuits

Wednesdays seem to be a big day for Booker action in the circuit courts, and today was no exception.  I earlier reported at some length about some of the day's circuit action, and now I review and supplement the highlights:

First Circuit: Though not appearing in any published opinion (at least not yet), papers are reporting that the court remanded for resentencing under Booker the sentence of former Providence Mayor Vincent "Buddy" Cianci. 

Second Circuit: The court in Doe declared a sentence unreasonable under Booker (discussed here).

Fifth Circuit: The court in Gutierrez-Ramirez affirmed a sentence over objections to enhancements based on criminal history (discussed here).  The court in two other cases also relied on its tough plain error approach to affirm guideline sentences over Booker objections.

Sixth Circuit: The court in Webb expounded at length about reasonableness under Booker in the course of affirming a sentence (discussed here).

Seventh Circuit: The court in US v. Tedder, No. 03-3345 (7th Cir. Apr. 6, 2005) (available here) reversed based on a guideline calculation error but threw in a bit of Booker dicta at the end of the opinion.

Eighth Circuit: The court in Thompson relied on an identical alternative sentence to affirm a guideline sentence and also found that sentence reasonable (discussed here).

Eleventh Circuit: The court in Orundo-Mireles affirmed a sentence over objections to enhancements based on criminal history (discussed here).

April 7, 2005 at 02:50 AM | Permalink


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