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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]
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]
5 Jun 2008, 2:47 am
Thanks to this post at AL&P, I see that while I was hanging with the Sixth Circuit today, the First Circuit issued a very significant post-Gall/Kimbrough decision in US v. [read post]
4 Jan 2008, 3:57 am
That decision appears to follow the deferential approach adopted by the high court in a pair of major sentencing decisions issued Dec. 10, Gall v. [read post]
12 Jun 2008, 3:11 pm
V).In turn, Justice Breyer in dissent fights against making a big deal about the departure/variance, though he does so primarily to continue his effort to promote the primacy of the guidelines. [read post]
6 May 2008, 1:48 pm
In a decision that talks a lot about post-Gall sentencing realities, the Tenth Circuit today affirms a below-guideline sentence in US v. [read post]
9 Jul 2007, 7:40 am
V. acknowledges earlier that the empirics he surveys are inconclusive. [read post]
9 Oct 2012, 11:02 pm
The CAFC went tribal in Beer v. [read post]
21 Oct 2007, 3:56 pm by Tom Lincoln
I can say that I am cautiously optimistic about the outcome of Gall v. [read post]
24 Jan 2008, 9:17 am
A number of commentors are concerned about my quick critique of the Eleventh Circuit work in US v. [read post]
19 Oct 2007, 8:55 am
During oral arguments in Gall v. [read post]
19 Feb 2008, 6:53 am
  A very quick read of these three opinions suggests that none breaks significant new ground, but all three are worthy of attention for their continued elaboration of post-Booker and post-Gall appellate review realities: US v. [read post]
31 Dec 2007, 4:54 pm
Though federal defendants had some big sentencing wins in the US Supreme Court with Gall and Kimbrough at the end of 2007, it is perhaps fitting that the year ends with a circuit loss for a defendant in US v. [read post]