A bunch more government Booker wins in the Circuits
Though defendants got a big safety valve win from the Ninth Circuit on Monday (details here), a number of other circuits had notable opinions rejecting Booker arguments raised on appeal by defendants. Here’s a very quick review:
- From the Fifth Circuit, US v. Nikonova, No. 05-31093 (5th Cir. Feb. 26, 2007) (available here) (rejecting various intriguing reasonableness arguments including defendant’s claim that she developed her “interest in child pornography only after watching an episode of the television show ‘Law & Order SVU’ and that her interest in the material was 80% motivated by a desire to conduct scientific research and 20% by personal gratification.”)
- From the Eighth Circuit, US v. Gonzalez-Alvarado, No. 06-1613 (8th Cir. Feb. 26, 2007) (available here) (reversing below-guideline sentence) and US v. Lynch, No. 06-2894 (8th Cir. Feb. 26, 2007) (available here) (affirming long sentence as reasonable).
- From the Tenth Circuit, US v. Ruiz-Terrazas, No. 06-2138 (10th Cir. Feb. 26, 2007) (available here) (rejecting challenge to sentence when district judge entirely failed to “specifically address the Section 3553(a) arguments Mr. Ruiz-Terrazas pursued in his brief or at oral argument”)