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: Fifth Circuit BlogThird Circuit Weighs In On Circuit Split Over Fast-Track Variances; Disagrees With Fifth
Full post as published by Fifth Circuit Blog on September 17, 2009 (boomark / email).
Third Circuit approves of fast-track variances based on Kimbrough
In what looks to be a long and thoughtful opinion, the Third Circuit today in US v. Arrelucea-Zamudio, No. 08-4397 (3d Cir. Sept. 14, 2009) (available here), has ruled that federal sentencing judges in non-fast-track districts can grant fast-track variances...
Eleventh Circuit panel splits over whether Kimbrough now allows consideration of fast-track disparity
A split decision today from the Eleventh Circuit in US v. Vega-Castillo, No. 07-12141 (11th Cir. Aug. 19, 2008) (available here), spotlights an important post-Kimbrough issue that arguably has already created a circuit split...
Ninth Circuit rejects variance based on fast-track disparity
The Ninth Circuit has issued a significant ruling that rejects fast-track disparity as the basis for a variance in US v. Gonzalez-Zotelo, No. 08-50010 (9th Cir. Jan. 8, 2009) (available here)...
Sentencing courts have discretion to consider fast-track disparity as a basis for a downward variance
Joining the First Circuit and adding to the circuit split on this issue, the Third Circuit has held that, under the logic of Kimbrough v. United States, 552 U.S. 85 (2007), "it is within a sentencing judge's discretion to consider a variance from the Guidelines on the basis of a fast-track disparity...
First Circuit blesses a variance based on fast-track disparity
Thanks to this post at AL&P, I see that while I was hanging with the Sixth Circuit today, the First Circuit issued a very significant post-Gall/Kimbrough decision in US v. Rodriguez, No...
The remaining circuit split over due process burden-of-proof requirements
The Eighth Circuit decision today in US v. Garth, No. 07-2330 (8th Cir. Sept. 3, 2008) (available here), highlights in this footnote that there is still a split within the circuit over whether, even after Booker made the guidelines advisory,...
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