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Sentencing Law and Policy
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Two notable decisions from the Eighth Circuit

By Douglas Berman

The Eighth Circuit issued two interesting sentencing opinions today:

  • In US v. Painter, No. 03-3484 (8th Cir. Mar. 24, 2005) (available here) the court, applying Taylor and Shepard, concluded a prior state burglary conviction qualified as violent felony under ACCA because the charging document to which defendant pleaded guilty showed he committed generic burglary.
  • In US v. Lea, No. 04-3427 (8th Cir. Mar. 24, 2005) (available here), the court remanded for resentencing on Booker grounds, concluding that the defendant, who had preserved a challenge to constitutionality of the guidelines, did not waive his Booker claim in his in plea agreement and the Booker error was not harmless.