Thursday, June 16, 2005

Alternative Sentences Constitute Harmless Error Under Booker

In United States v. Jaheed Hill, No. 04-3904 (3d Cir. 6/14/05), (click to open), the Third Circuit joined several sister circuits in holding that where a district court clearly indicates that an alternative sentence would be identical to the sentence imposed under the Guidelines, any error that may attach to a defendant's sentence under Booker is harmless.

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US Sentencing Commission video recordings of hearings on proposed amendments to US Sentencing Guidelines

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