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Booker Reasonableness in the First

By Tom Lincoln

I'm back from a hiatus (only to be interrupted again by an upcoming trial). The First Circuit issued the much awaited en banc opinion(s) in US v. Jiménez-Beltre, No. 05-1268 (1st Cir. March 9, 2006) to decide the following issues: whether there is, post-Booker, appellate jurisdiction to review a within guideline sentence, with the Government arguing that there was no jurisdiction; whether a within guideline sentence is presumptively reasonable; and whether the within guideline sentence in the instant case was reasonable. The en banc Court's opinion is written by Chief Judge Boudin, with a concurrence from Judge Torruella, a concurrence in part and concurrence in the Judgment by Judge  Howard, and a very thoughtful dissent by Judge Lipez...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on March 09, 2006 (boomark / email).