In U.S. v. Washington, Judges King and Duncan decided that Apprendi and Booker required the reversal and remand of the defendant's conviction and sentence, while Judge Luttig in a dissenting opinion asserted that an exception to Apprendi applied and as to Booker, the error, if any, in the defendant's guideline sentence was harmless and not enough to justify a reversal.
I'm not sure but what this is the first opinion from Judge Luttig on the effects of Booker.
No comments:
Post a Comment