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Full Speed Ahead!

By Bill Theis

United States v. Jose Francisco Gama-Gonzalez, No. 06-1965 (December 5, 2006): Mr. Gama-Gonzalez received a sentence at the low end of his guidelines, and the Seventh Circuit affirmed. This very brief opinion is noteworthy for two reasons.First, the Court saw no reason to hold off decision until the Supreme Court decides the two Booker cases on which it recently granted certiorari. The opinion could not conceive that the Supreme Court?s decision would lead to a different result. Regardless of whether this assessment is correct, counsel should be aware that sentencing appeals will move forward without much concern as to how the Supreme Court will resolve the difficult issues now pending before the Supreme Court.Second, Mr. Gama-Gonzalez had presented an argument for a downward variance...continue to full post

Full post as published by Seventh Circuit Blog on December 06, 2006 (boomark / email).