US v. MacKinnon, No. 03-2219, remands for re-sentencing a person who 1) was sentenced by a judge who seems to indicate that the FSGs contrained them; yet 2) was sentenced by a judge under U.S.S.G. § 4B1.1 who thought he could not depart downward. I think this is the first time the First has done this under Booker. SL&P provides a full explanation here, and PRACDL does here.
- Speaking of Booker, SL&P provides links to Professor Daniel Capra's, reviews of post-Booker developments here.
- For some reason US v. Terreforte-Quidgley, No. 04-2085, appears again. See our coverage here.
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