Friday, April 29, 2005

Three sentencing opinions from the Fourth Circuit

Today, in U.S. v. Bartram, the panel of Judges Widener, Niemeyer, and Gregory agreed on the result, and Judge Widener and Niemeyer agreed on part of the analysis, in finding no reversible error in the defendant's sentence following his guilty plea. Judge Niemeyer wrote that the appellant had not met its burden under U.S. v. White, decided earlier this week, and distinguished U.S. v. Hughes.

In U.S. v. Gray, the Fourth Circuit in an opinion by Judge Shedd, joined by Judge Widener and District Judge Cacheris, remanded the case for resentencing, citing Hughes and Booker.

In U.S. v. McKoy, the Fourth Circuit in a per curiam opinion for the panel of Judges Widener and Wilkinson and District Judge Payne remanded the case for resentencing, citing Hughes and Booker.

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