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June 15, 2005

Tuesday's Booker mania in the circuits

While I spent a day in transit, the circuit courts were going crazy with notable Booker dispositions.  A quick tour this evening reveals significant sentencing decisions Tuesday from the First, Second, Third, Fourth, Fifth, Seventh, Eighth and Tenth Circuits!  I think the decisions from the First and Second merit their own posts, but first I have assembled the major decisions with a short-hand description of their import:

From the First Circuit, US v. Cabrera, No. 03-1890 (1st Cir. June 14, 2005) (available here) quickly addresses sentencing hearings and a role enhancement on the way to a Booker remand.

From the Second Circuit, US v. Fruchter, No. 02-1422 (2d Cir. June 14, 2005) (available here) addresses at length jury trial rights and burdens of proof for criminal forfeitures.

From the Third Circuit, US v. Hill, No. 04-3904 (3d Cir. June 14, 2005) (available here) finds a Booker error harmless when the district court announced an identical alternative sentence (which is big news in a circuit otherwise remanded all sentences on Booker grounds).

From the Fourth Circuit, US v. Ebersole, No. 03-4847 (4th Cir. June 14, 2005) (available here)addresses a position of trust enhancement in the course of a Booker remand.

From the Fifth Circuit, US v. Lewis, No. 04-10102 (5th Cir. June 14, 2005) (available here) finds plain error not satisfied in a case GVRed by the Supreme Court.

From the Seventh Circuit, US v. Stewart, No. 03-2675 (7th Cir. June 14, 2005) (available here) affirms a sentence with an upward departure over a Booker claim, though Judge Williams dissents to state that a limited remand would have been the proper disposition.

From the Eighth and Tenth Circuit, there were a total of four sentences affirmed on plain error grounds; interestingly, both Eighth Circuit cases relied on the third prong of the plain error standard, while both Tenth Circuit cases relied on the fourth prong.

June 15, 2005 at 01:01 AM | Permalink


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