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December 28, 2005

Fifth Circuit on appeal waivers and terrorist enhancement

It seems that December is a month for notable circuit court discussions of appeal waivers (see here and here) and terrorism enhancements (see here).  The Fifth Circuit gets into the act on both fronts with US vs. Harris, No. 03-51139 (5th Cir. Dec. 27, 2005) (available here). 

The defendant in Harris wins a battle but loses the war: the panel concludes that the defendant did not waive his right to appeal the terrorism enhancement he received in the calculation of his guideline range, but then concludes that such an enhancement was legally proper.

December 28, 2005 at 01:15 AM | Permalink


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