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August 2, 2005

Eighth Circuit keeping the Booker pipeline interesting

Though I have long given up on keeping up with all the sentencing action in Eighth Circuit, today on the circuit's official opinion page I noticed a number of sentencing decisions with separate concurrences that speak to various Booker pipeline issues.  The most noteworthy of this bunch seems to be Judge Hansen's concurrence discussing cases interpreting the fourth prong of the plain error test in US v. Betterton, No. 04-2151 (8th Cir. Aug. 2, 2005) (available here).  The opinion of Judge Hansen, as well as the other continuous and copious sentencing work being done by the Eighth Circuit on a daily basis, is another reminder that the Booker pipeline is still being cleared out (and remains interesting) more than six months after the Supreme Court's decision.

August 2, 2005 at 03:23 PM | Permalink


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