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8th Circuit stirs up sentencing guideline dissent

The U.S. Supreme Court returned judicial discretion in sentencing to the federal trial courts two years ago in United States v. Booker. Or did it? Appellate decisions handed down since Booker indicate the 8th U.S. Circuit Court of Appeals has a “disturbing pattern” of not allowing trial judges to use discretion to sentence defendants outside the U.S. ...

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