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16 Apr 2008, 1:09 am
Anyone who expected or hoped that the Supreme Court's rulings in Gall and Kimbrough would radically change the nature and nuances of circuit court reasonableness review should be sure to check out this trio of circuit sentencing reversals from Tuesday: From the Seventh Circuit, US v. [read post]
15 Apr 2008, 5:26 am
In both cases, the Sixth found that no prejudice occurred.The Sixth started last Monday, April 7th, with its opinion in United States v. [read post]
24 Mar 2008, 11:29 pm
Resolving a set of long-pending en banc cases concerning post-Booker realities, the Ninth Circuit in US v. [read post]
24 Mar 2008, 7:32 am
  Because I'm wrapped up with grading these days, I will have to be content just to quote Judge Selya's telling (and surprisingly readable) first paragraph from Martin:In Gall v. [read post]
19 Mar 2008, 10:03 am
This case is particularly hard to predict because the majority opinion could very well be written by more than one Justice, like in McConnell v. [read post]
18 Mar 2008, 10:22 pm
Just when we might be resting on our Gall/Kimbrough/Regalado laurels, along comes United States v. [read post]
18 Mar 2008, 11:31 am
Adopting a Crosby-type remand procedure for cases with unpreserved Kimbrough errors (contesting the 100-1 crack cocaine sentencing ratio), the Second Circuit noted in United States v. [read post]
17 Mar 2008, 10:52 am
In a long opinion that discusses Booker and Gall at length, the Second Circuit today in US v. [read post]
17 Mar 2008, 7:18 am
  From today's SCOTUS order list (which also includes a few Gall and Kimbrough remands), here is the basic story:07-901 OREGON V. [read post]