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February 12, 2008

Extended Third Circuit discussion of Kimbrough

Though it does not appear to break any significant ground, the Third Circuit has a notably lengthy opinion today in US v. Wise, No. 06-4926 (3d Cir. Feb. 12, 2008) (available here).  This sentence from the opinion's first paragraph highlights the opinion's import: "Beyond the obvious significance of these appeals to the appellants themselves, these appeals are of particular note because they represent the first cases in this Circuit to address the differential in the powder cocaine and crack cocaine Sentencing Guidelines since the Supreme Court’s recent decision in Kimbrough v. United States, 128 S. Ct. 558 (2007) and the United States Sentencing Commission’s recent amendment to the Guidelines ranges for crack cocaine offenses."

February 12, 2008 at 06:06 PM | Permalink


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