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Fifth Circuit flags yet another criminal history circuit split for SCOTUS to consider

By Douglas A. Berman

By my count, the Supreme Court this Term has four cases on its docket (which is more than 5% of its merits docket) committed to resolving circuit splits concerning the impact and import of state criminal convictions in the application of federal sentencing law: (1) Logan (decided last month, basics here); (2) Rodriquez (argued earlier this month, basics here); (3) Begay (argued earlier this month, basics here); and (4) Burgess (to be argued in March, basics here).  As federal sentencing practitioners know, however, there are plenty more cases like these producing circuit splits over state criminal history and federal sentencing rules. Another splitting criminal history headache is showcased in a recent Fifth Circuit ruling, US vs. Lopez-Salas, No...continue to full post

Full post as published by Sentencing Law and Policy on January 31, 2008 (boomark / email).