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Criminal Law

: Sentencing Law and Policy

Update on a notable post-Booker en banc case in the Third Circuit

By Douglas A. Berman

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As detailed in this new article from The Legal Intelligencer, the Third Circuit is due to hear en banc this week another notable post-Booker sentencing appeal. Here is how the article begins: In a pair of en banc arguments on Wednesday, the 3rd U.S. Circuit Court of Appeals will tackle questions that could have a broad impact on how appellate courts review criminal sentences and on the scope of the federal courts' powers in granting relief in habeas corpus petitions. In United States v. Tomko, a 13-judge panel must decide whether a sentence of probation and house arrest was "reasonable" for a confessed tax cheat.  A previous panel voted 2-1 in August 2007 to overturn the sentence, saying the case clearly called for at least some time in prison...continue to full post

Full post as published by Sentencing Law and Policy on November 18, 2008 (boomark / email).

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