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Criminal Law

: Sentencing Law and Policy

Two notable Rita remands from the Eighth Circuit

By Douglas A. Berman

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The Eighth Circuit today has two notable (and notably similar) remands based on Rita.  My friends cut and paste help me provide these unofficial summaries from this official circuit webpage:US v. William Greene, No: 07-1479 [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges](available here): In light of Rita, the district court's application of a presumption of reasonableness to the applicable guidelines range was a significant procedural error, and the case is remanded for resentencing.  US v. Nathan Huff, No: 07-1500 [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges](available here): In light of Rita, the district court's application of a presumption of reasonableness to the applicable guidelines range was a significant procedural error, and the case is remanded for resentencing.continue to full post

Full post as published by Sentencing Law and Policy on January 30, 2008 (boomark / email).

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