Sunday, November 9th, 2008

Summary Summary

Things have been eerily quiet in the circuit – no published decision in a criminal case in nearly two weeks. But there have been a few summary orders of note. First, in United States v. Dean, No. 07-3015-cr (November 7, 2008), the court vacated an above-guideline sentence because, although the district court indicated that it was departing upward on criminal history grounds, it did not “follow the recommended procedure in § 4A1.3(a)(4) for calculating its upward departure, nor, ultimately, did the court settle on an amended Guideline range.” And, in United States v. Feliz-Ramirez, the court considered a Fatico hearing at which the government failed to provide 3500 material that might have contradicted the star witness’ testimony about the defendant’s role in the offense. The court found no error in the district court’s refusal to strike the testimony because the government’s
“inadvertent failure to produce [the material] was harmless error.” Sufficient additional established the defendant’s managerial role.

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