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July 2, 2007

Will there be any Rita circuit fireworks this week?

Though there have been a few circuit rulings noting the Supreme Court's Rita decision (see here), last week brought more major sentencing decisions from the circuits that did not discuss the Justices' latest Booker wisdom.  (In addition to the Seventh Circuit's notable reversal of a below-guideline sentence in Goldberg (discussed here), on Friday the Eighth Circuit upheld a below-guideline sentence in US v. Jimenez-Guiterrez (available here) and the Tenth Circuit discussed the obligation to state reasons in US v. Romero (available here) without any mention of Rita.)

Though this week ought to be relatively slow with the coming holiday, I suspect that appellate pacing ought to allow circuit judges to cacth up with Rita this week.  And yet, the big question is not when circuits will start citing Rita regularly, but rather whether and how Rita might change how circuits unpack various post-Booker issues.

Some related Rita posts:

July 2, 2007 at 09:05 AM | Permalink


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