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: Fifth Circuit Blog

Kimbrough's Not Just For Crack, and How to Vary Based On Policy Disagreements with Guidelines

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United States v. Simmons, No. 08-60755 (5th Cir. May 18, 2009) (King, Stewart, Southwick)In case there was any doubt left after Mondragon-Santiago as to whether Kimbrough allows a district court to vary from the advisory Guidelines range based on policy disgreements with guidelines other than the crack guidelines, Simmons makes things crystal clear:Kimbrough does not limit the relevance of a

Full post as published by Fifth Circuit Blog on May 19, 2009 (boomark / email).

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