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Interesting Cases from Other Circuits

By Shari Allison

Relying on Gall and Kimbrough, the Fifth Circuit held that the district court could impose an above-guidelines sentence on a reentry defendant based on its conclusion that USSG 2L1.2 was under-inclusive in what it counted as prior drug trafficking offenses. Accordingly, the district court varied upward based on the defendant's prior drug conviction that did not qualify as a 12-level drug trafficking offense. US v. Herrera-Garduno, No. 07-40327 (5th Cir. 3/10/08)The 11th Circuit rejected the petitioner's 2255 claim that his attorney was per se ineffective for failing to object to the district court's failure to address him personally about his right to allocute. Gordon v. US, No. 05-16703 (11th Cir. 3/7/08)Officers were justified in entering the civil rights plaintiff's apartment without a warrant or probable cause where the plaintiff had called a hot line operator and made statements about shooting people at work and suicide...continue to full post

Full post as published by Tenth Circuit Blog on April 01, 2008 (boomark / email).