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Criminal Law

: Sentencing Law and Policy

Notable little Fifth Circuit ruling on constitutional requirements for back-end sentencing decisions

By Douglas A. Berman

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Especially in light of renewed interest in second-look sentencing issues and also the modern revolution of sentencing procedures, the Fifth Circuit's recent decision in Boss vs. Quarterman, No. 07-50448 (5th Cir. Dec. 12, 2008) (available here) merits some attention.  Here is how the little opinion begins and ends: Texas state prisoner Jackie Lynn Boss, serving a 10-year sentence for intoxication assault, appeals the district court's denial of his petition for a writ of habeas corpus.  Boss sought federal review of the Texas Board of Pardons and Parole's June 2005 decision to deny him ?mandatory supervision? release.  The parole panel's decision listed statutory reasons for the denial but did not offer any evidence from the record to support its findings...continue to full post

Full post as published by Sentencing Law and Policy on December 15, 2008 (boomark / email).

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