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August 24, 2006

A postscript to the Demaree ruling

I consider the Seventh Circuit's ruling in Demaree — which says district courts now may (and should?) apply the most recent version of the now-advisory guidelines even when they call for a longer sentence than the guidelines applicable at the time of the offense — one of the most interesting and potentially important recent post-Booker rulings.  In addition to the usual (questionable) flourishes from Judge Posner, the Demaree opinion concludes by giving the government lawyer a bit of a smack-down about the government's approach to post-Booker sentencing (details here).

Today I received news that the Demaree panel has rejected a motion from the government to amend the Demaree opinion to remove the smack-down language.  According to the (unsuccessful) motion, the Demaree opinion "does not reflect the position of the United States," and "to have the government's position wrongly memorialized in a published opinion ... creates confusion not only within this Court, but among litigants and judges in other circuits as well."  For those interested in this squabble, the motion is available for download below.

Download demaree_motion_to_amend.pdf

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August 24, 2006 at 03:08 PM | Permalink


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