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The 7th Addresses Pros and Cons of Full v. Limited Post-Booker Remands (Sort of)

By Tom Lincoln

From the 7th Circuit we get United States v. Goldberg, No. 03-3955 (7th Cir. May 5, 2005) in which defendant had been sentenced pre-Booker and was arguing on appeal a misapplication of the sentencing guidelines by the district court in imposing a vulnerable victim enhancement. If the defendant was right, and the Court remanded on that ground, he would have to be resentenced, in which case --according to Judge Posner-- the district court could impose a higher, lower, or the same sentence under the new advisory guidelines. The 7th Circuit did not buy the misapplication of the guidelines argument, and held that defendant was entitled to a limited remand under United States v. Paladino, 401 F.3d 471, 483-84 (7th Cir. 2005). But to questions from the bench at oral argument, defense counsel had argued that the district court could not impose a higher sentence on resentencing because it would raise a presumption of vindictiveness...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on May 05, 2005 (boomark / email).