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Intriguing little habeas sentencing ruling from the Seventh Circuit

By Douglas A. Berman

Yesterday the Seventh Circuit issued an interesting little decision in the habeas case, Burr v. Pollard, No. 07-4031 (7th Cir. Oct. 15, 2008) (available here).  Here is the issue as described in the opinion:Burr renews his claim here that his due process rights were violated when the judge considered the ?bullying? allegation after striking it from the record and that his Fifth Amendment rights were infringed when the judge enhanced the confinement component of his sentence because he remained silent.Folks familiar with the challenges of modern habeas claims by state prisoners can likely predict the outcome.

Full post as published by Sentencing Law and Policy on October 16, 2008 (boomark / email).