Home -> Law Blog Directory -> Criminal Law Blogs -> Puerto Rico Association of Criminal Defense Lawyers

Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

At Last! A Booker Remand from the First Circuit

By Tom Lincoln

If United States v. MacKinnon, No. 03-2219 (1st Cir. March 16, 2005) was not remanded for resentencing in light of Booker and the strict standard set up by the First Circuit in United States v. Antonakopoulos, No. 03-1384, 2005 WL 407365 (1st Cir. Feb. 22, 2005), it is hard to imagine any case that would have been remanded with unpreserved Booker error. Following Antonakopoulos (panel opinion by Circuit Judge Sandra L. Lynch), as we discussed here, "defendants would not get a remand for resentencing except in extremely rare occasions when, for example, the District Judge expressed at the time of sentencing that he would have imposed a lesser sentence if it were not for the mandatory nature of the guidelines." Well, in MacKinnon, Hon...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on March 16, 2005 (boomark / email).