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January 16, 2007

A quick review of all the circuit action

I mentioned here that the circuits were going wild with sentencing rulings today. Here are the particulars:

Third Circuit: US v. Walker, No. 05-3792 (3d Cir. Jan 16, 2007) (available here) (affirming 65-year sentence; 55 based on mandatory-minimum gun specs)

Fourth Circuit: US v. Tucker, No. 06-4122 (4th Cir. Jan 16, 2007) (available here) (reversing (!) an upward variance because its extend was unreasonable)

Fifth Circuit: US v. Elizondo, No. 06-10131 (5th Cir. Jan 15, 2007) (available here) (reversing after an improper post-Booker resentencing)

Eighth Circuit: US v. Tjaden, No. 06-1333 (8th Cir. Jan 16, 2007) (available here) (affirming significant upward variance based on post-plea conduct)

Ninth Circuit: US v. Ressam, No. 05-30422 (9th Cir. Jan 16, 2007) (available here) (majority dodges sentencing issue while remanding because "the law applicable to sentencing is in flux")

Though the Ninth Circuit's work in Ressam will surely garner the most attention (mostly for non-sentencing reasons), the true fan of Booker should be most interested in the Fourth Circuit's work in Tucker and the true fan of Blakely should be most depressed by the Eighth Circuit's work in Tjaden

Of course, reader commentary on all these developments is highly encouraged!

UPDATE:  As a commentor highlights, the Fifth Circuit also decided US v. Rajwani, No. 06-10648 (5th Cir. Jan 16, 2007) (available here), which also reverses an upward variance as unreasonable and is similar factually and legally to Tucker.

January 16, 2007 at 06:03 PM | Permalink


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You might like US v. Rajwani, from the 5th Circuit:

Very similar factually and legally to Tucker.

Posted by: Jay | Jan 16, 2007 9:32:02 PM

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