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Lots of (minor?) sentencing action in the circuits

By Douglas A. Berman

Because so much else has been keeping me busy lately, I have not blogged about many notable circuit rulings handed down this week.  Specifically, the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Tenth and Eleventh Circuits have all issued opinions this week that cover some consequential sentencing issues ranging from guideline interpretation (in the Second and Third Circuits) to Rule 35(a) modifications (in the Fifth Circuit) to crack retroactivity motions (in the Seventh and Eleventh Circuits). Based on my quick reads, though all of these rulings have had blog-potential, none seemed major enough to merit its own post during an otherwise busy week.  My gauge of blog-worthy opinions, however, is often off-kilter during busy weeks.  Thus, I encourage anyone who thinks I might have overlooked an important aspect of a recent opinion to let me know what should not go unblogged.continue to full post

Full post as published by Sentencing Law and Policy on February 04, 2009 (boomark / email).