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July 17, 2008

Another notable discussion of Booker ex post issues

When it rains, it pours -- at least as to ex post Booker decisions from the circuit courts. Hot on the heels of this week's DC Circuit discussion of this issue comes US v. Duane, No. 06-6536 (6th Cir. July 17, 2008) (available here).  Duane covers a lot of ex post and reasonableness ground, and here is how the opinion starts:

John Joseph Duane appeals his sentence for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4).  Duane contends that: (1) calculating his sentence using the 2005 Sentencing Guidelines violated the Ex Post Facto Clause; (2) the district court erred in enhancing Duane’s sentence pursuant to U.S.S.G. § 2G2.2(b)(4) for receiving and possessing sadistic images; and (3) his sentence is unreasonable.  For the following reasons, we affirm.

July 17, 2008 at 02:10 PM | Permalink


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