ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> Split Circuits

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: Split Circuits

Seventh Circuit Notes Split Re Analysis to Determine If Case is "Extraordinary" for Purposes of Sentencing

ADVERTISEMENTS
Per U.S. v. Swanson, 2008 WL 2795275 (7th Cir. Jul 21, 2008):

Still, in "extraordinary cases" both an upward adjustment (for obstruction) under § 3C1.1 and a downward adjustment (for acceptance) under 3E1.1(a) may be warranted. U.S.S.G. § 3E1.1, cmt. n. 4; Davis, 442 F.3d at 1009-10. Swanson suggests that the circuits are split on how to analyze whether a case is extraordinary, and while the circuits are indeed technically "split," this circuit's law is settled and in the company of the majority of the courts of appeals. In United States v. Buckley, 192 F.3d 708, 711 (7th Cir.1999), we joined several other circuits that had rejected the Ninth Circuit's holding in United States v. Hopper, 27 F.3d 378, 383 (9th Cir.1994). Buckley described Hopper as improperly allowing an obstructive defendant to "wipe the slate clean, and earn the acceptance of responsibility discount, just by pleading guilty and thereafter refraining from obstructing justice further."

Full post as published by Split Circuits on July 30, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0023 secs (from cache 11/02/26 11:11:04)