Skip to content
Part of the Law Professor Blogs Network

Unpublished summary Booker remands in the 9th Circuit

February 7, 2005

The Ninth Circuit has today, through a set of unpublished dispositions that can be accessed here, vacated and remanded for resentencing four cases based on Booker.  Rather than give full cites for all these (“not for publication”) cases, here are just the short-hand names of the defendants with links: Reynolds, Seibert, Stewart, and McCoun

Because these dispositions do not provide any procedural history (indeed, McCoun is a single sentence), it is hard to surmise whether these dispositions include a de facto judgment about the plain error issues that are now roiling other circuits.  (Background here and here.) 

Of course, by being unpublished, these Ninth Circuit dispositions “may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3,” and thus their meaning is not formally important as a matter of precedent.  But, as we all try to make sense of the post-Booker realities, these summary remands seem noteworthy.  (Also noteworthy, it seems from the top of this page that the Ninth Circuit might have done something today in the Tanner case previously discussed here, but the link is not working for me.)