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Busy day in the Ninth Circuit

By Douglas A. Berman

The Ninth Circuit today issued these three opinion of note for sentencing fans (though technically one of the cases involves only a non-sentencing constitutional issue): US v. Gomez-Leon, No. 05-50138 (9th Cir. Sept. 24, 2008) (available here) (discussing at great length what qualifies as a "crime of violence" to make guideline enhancement applicable) US v. Vega, No. 07-50245 (9th Cir. Sept. 24, 2008) (available here) (rejecting challenges to conditions of supervised release (including one that prohibited any alcohol for three years!)) US v. McCalla, No. 07-50245 (9th Cir. Sept. 24, 2008) (available here) (rejecting Commerce Clause challenge to federal prosecution based on "locally produced" child porn).

Full post as published by Sentencing Law and Policy on September 24, 2008 (boomark / email).