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June 1, 2006

A busy sentencing day in the circuits

I picked the wrong day (or perhaps the right day) to lack time to follow the sentencing action in the federal circuits.  From a quick review, I see notable cases on an array of sentencing issues coming from the Second, Seventh, Eighth, Ninth and Eleventh Circuits today that I won't have time to blog. 

But I must quickly note the Ninth Circuit's work in US v. Evans-Martinez, No. 05-10280 (9th Cir. June 1, 2006) (available here).  One sentence gives the basics: "We hold Rule 32(h) requires that a district court provide notice of its intent to sentence outside the range suggested by the Guidelines post-Booker, as it did pre-Booker."  As DoD notes, this deepens a circuit split on this issue, although I think only the Seventh Circuit has officially gone the other way.

June 1, 2006 at 04:35 PM | Permalink


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