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Rehearing Requested in US v. Wilkerson on Federal State Sentencing Disparity Issue

By Tom Lincoln

We had previously discussed in this post the First Circuit's opinion in United States v. Wilkerson, No. 02-1729 (1st Cir. June 9, 2005) which appeared to endorse the idea that a district court may take into account the disparity between federal and state sentences for the same conduct in arriving at a correct sentence in the post-Booker world. Furthermore, we discussed whether DOJ would request rehearing (as suggested by Professor Berman at Sentencing Law and Policy in this post), or await to see what the district court did on remand (as suggested by us). Professor Berman was right on this one in that DOJ has sought panel rehearing on the issue of whether the district court can consider disparities between federal and state sentences in the post-Booker world...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on July 29, 2005 (boomark / email).