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: Sixth Circuit BlogPre-Hearing Sentencing Opinion?

Here's what I've got for today. I want to thank this office's AFPDs for their analysis. I also want to thank the readers. We've gotten some good feedback lately, and that's really nice and we appreciate it!
LASHAWN WILSON
Direct Appeal
Published
http://www.ca6.uscourts.gov/opinions.pdf/10a0208p-06.pdf
Defendant pleaded guilty to a single count of mail fraud (in violation of 18 U.S.C. § 1341) and was sentenced to 48 months of imprisonment. She appealed her sentence, arguing that the district court committed plain error by selecting her sentence based on the clearly erroneous premise that she had stolen one thousand money orders and five hundred cashier's checks. Appellate court agreed and vacated the sentence and remanded for resentencing.
Finding the trial court relied on erroneous factual predicates, and finding plain error by the trial court in doing so, the appellate court reversed the sentence and remanded the case. Both the lead opinion and a strongly worded concurring opinion disagreed with the district court, which, the opinions note, seemingly determined its sentence prior to the sentencing hearing by bringing its sentencing decision to the courtroom already prepared and merely asking for comments on it.
Full post as published by Sixth Circuit Blog on July 20, 2010 (boomark / email).

Some coverage of yesterday's US Sentencing Commission hearing
New Sentencing Hearing Ordered for Mumia Abu-Jamal
Upcoming House Judiciary subcommittee hearing on crack sentencing
Notable new district court opinion addressing effort to defend child porn sentencing guidelines
Getting an Evidentiary Hearing at Sentencing









