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March 3, 2006

Eighth Circuit affirms Tabor

As detailed here, last year Sentencing Hall of Famer Judge Richard Kopf in US v. Tabor, No. 4:01CR3215 (D. Neb. Apr. 18, 2005), explained why he believed "that the crack Guidelines, like all other Guidelines, should be given heavy weight after Booker."  Today, the Eighth Circuit affirmed the sentence imposed in that case through US v. Tabor, No. 05-2169 (8th Cir. Mar. 3, 2006) (available here). 

In Tabor, the Eighth Circuit says relatively little about post-Booker crack sentencing, although it does stress that within-guideline sentences are presumptively reasonable and it cites various decisions upholding and enforcing sentencing within the crack guidelines.  The Eighth Circuit concludes that "Tabor has not overcome the presumption of reasonableness applicable to a Guidelines sentence."

March 3, 2006 at 03:12 PM | Permalink


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