Tuesday, April 11, 2006

Sentence Reversed Because Guidelines Treated as Mandatory

U.S. v. Burns, 2006 WL 895233 (4/6/06)(unpub'd) - A reversal of a sentence imposed after Blakely and before Booker. The d.ct. clearly treated the guidelines as mandatory in violation of Booker. The government could not prove the error harmless in light of the court's imposition of a sentence at the bottom end of the guideline range.

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