Wednesday, January 28, 2004

Post-judgment reduction in sentence for clarifying amendment to guidelines

In U.S. v. Goines, the Fourth Circuit in an opinion by Chief Judge Wilkins, joined by Judge Wilkinson, with Judge Luttig dissenting, reversed Judge Jones of the W.D. Va. on the issue of whether a criminal defendant was entitled to a reduced sentence based on a "clarifying" amendment to the Sentencing Guidelines.

For the non-practitioner, this opinion was pretty tough sledding.

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