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Tenth Circuit find Booker not applicable in crack retroactivity proceedings

By Douglas A. Berman

A helpful reader reminded me today that I still haven't blogged about an important Tenth Circuit ruling concerning Booker's applicability to crack retroactivity proceedings that was handed down late last week.  (I can blame OJ and Plaxico for distracting me from more sober and arguably more important issues.)  The thoughtful panel decision in US v. Rhodes, No. 08-2111 (10th Cir. Dec. 5, 2008) (available here), cannot be easily summarized, but here are some key sections: Although the parties and district court agreed that § 3582(c)(2) afforded the district court authority to modify Rhodes? term of imprisonment, the parties and district court disagreed as to the extent of that authority. In particular, the government and district court concluded, over Rhodes? objection, that the district court?s authority was circumscribed by § 1B1...continue to full post

Full post as published by Sentencing Law and Policy on December 10, 2008 (boomark / email).