Thursday, May 05, 2005

The Perils of a Full Booker Remand

United States v. Jeffrey L. Goldberg, Case No. 03-3955 (05/05/2005): The Court took pains to warn the defense bar of the perils of a full Booker remand. Counsel at oral argument expressed the view that on a full remand the district court could not impose a sentence any higher than the original sentence. Counsel relied on the line of cases involving vindictive resentencing. The Court cautioned that those cases were not apposite. Since a full remand would involve a sentencing under a different regime, that of advisory guidelines, a district court could give a higher sentence without necessarily being vindictive. Mr. Goldberg received a Paladino remand.