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July 21, 2006

Eighth Circuit continues rebuilding guideline world

The Eighth Circuit continues to reverse neary every district court effort to bring better procedures and more humanity to federal sentencing.  Here are the official descriptions of its three reversals of below-guideline sentences on Thursday:

July 21, 2006 at 08:42 AM | Permalink


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The Eighth Circuit's post-Booker jurisprudence is in patent opposition to the actual decision in Booker itself -- that is, the remedial decision. There is no basis in the statute, once sec. 3553(b) has been "stricken," to require an "extraordinary" justification for a sentence below the guidelines range, so long as the sentencing judge has genuinely "considered" that range along with the other ten considerations found among the seven subsections of 3553(a). I hope these defense attorneys will seek rehearing en banc to articulate the grounds on which such decisions as these violate controlling authority, will reach out to national organizations that might supply amicus support -- such as the Nat'l Assn of Federal Defenders, FAMM, and NACDL -- and then, if necessary, will petition for certiorari.

Posted by: Peter G | Jul 22, 2006 11:34:32 AM

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