Thursday, August 25, 2005

8th Cir remands meth defendants sentencing following guilty plea under Booker. Def's petition to plead guilty, a procedure local Dist rule requires did not amount to waiving his Booker issues; however long "corn knife" police found in Def's vehicle counts for sentencing enhancement. 08/23/05 United States v. David Burling U.S. Court of Appeals Case No. 04-2693 District of Nebraska Criminal case - Sentencing Guidelines. Under the circumstances of the plea, defendant did not waive his right to appeal on a Booker issue; Booker issue was properly preserved, and the case is remanded for further sentencing proceedings pursuant to Booker.

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