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September 8, 2005

The 11th Circuit's harsh handling of the Booker pipeline

Thanks to law.com, you can access this article from the Daily Business Review, which details the tough approach the 11th Circuit has been taking on Booker pipeline issues and the resulting protestations from a few of the circuit's judges.  The article focuses on Judge Tjoflat's recent concurrence in US v. Thompson, No. 04-12218 (11th Cir. Sept. 1, 2005), which laments the circuit's approach to Booker plain error (details here).  The article also notes Judge Hill's opinion in US v. Bordon, No. 04-10654 (11th Cir. Aug. 25, 2005), which assails the circuit's refusal to consider Booker claims not raised in an initial brief (details here). 

The article has a number of strong quotes from the opinions and commentators.  Capturing the essence of these issues is a quote from lawyer and sentencing expert Benson Weintraub, who says "the 11th Circuit is completely out of sync with the rest of the country's courts of appeal. The Thompson decision underscores the rigidness of this court in extolling form over substance in the most critical of criminal cases."

September 8, 2005 at 12:49 AM | Permalink


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