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November 25, 2007

Could we see Gall and Kimbrough in the coming weeks?

As detailed in this prior post, Tuesday and Wednesday of the next two weeks are possible opinion days for the Supreme Court.  And, if past is prologue, the Court ought to hand down at least a couple opinions from cases argued in October.  And, of course, the cases I am obsessing over are the Gall and Kimbrough reasonableness review cases.  Anyone want to predict the likelihood of seeing these opinions in the coming days?

Among the interesting wrinkles to this guessing game is the US Sentencing Commission's new reduced crack guidelines and the on-going debate over their retroactive application.  Derrick Kimbrough's sentence would clearly be impacted if these new guidelines were made retroactive (and arguably his resentencing would be affected even if these guidelines are not made retroactive).  Especially if the Justices are divided on how to resolve Kimbrough, it is possible (though I do not think likely) for the Court to decide simply to remand this case to the Fourth Circuit for reconsideration in light of the new crack guidelines.

November 25, 2007 at 09:28 AM | Permalink

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