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The 2nd Circuit continues to sort out the review and remand of cases under the U.S. Supreme Court's January decision in U.S. v. Booker , which struck down a key aspect of the federal sentencing guidelines. Giving further guidance to the bench and bar, the circuit clarified one circumstance under which a full resentencing hearing must be conducted -- where defendants' sentences were enhanced in violation of the Sixth Amendment and they have preserved their objection on the issue.
May 03, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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