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January 10, 2008

How many Booker pipeline cases are still in the system?

This Saturday, January 12, marks the three-year anniversary of the Supreme Court's Booker ruling, and the vast majority of legal issues now occupying lower courts are true post-Booker concerns.  But, as evidenced by a ruling from the Ninth Circuit today in US v. Thornton, No. 06-50597 (9th Cir. Jan. 10, 2008) (available here), some courts and lawyers are still dealing with some Booker pipeline issues.

For folks still working on Booker pipeline cases, Thornton is a must-read.  For others, not so much.  In any event, here is the opinion's first paragraph:

David Thornton appeals from the district court’s decision to not re-sentence him after a limited remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).  He challenges both the ruling on remand and certain issues with respect to the original sentencing.

January 10, 2008 at 03:11 PM | Permalink


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