Defendant in High Court Sentencing Case Killed, What Now?
The criminal law world has been awaiting the Supreme Court decision in U.S. v. Claiborne and U.S. v. Rita, which address unresolved questions from the Booker case (argued in the Supreme Court by TalkLeft contributor TChris) which ruled the federal sentencing guidelines are no longer mandatory.
The issue in the Claiborne case is whether a sentence below the guideline range must be justified by extraordinary circumstances. Scotus Blog reports:
The case of Claiborne v. U.S. (docket 06-5618) was heard by the Court on Feb. 20, along with a second Guidelines case (Rita v. U.S., 06-5754). The cases were heard in tandem because they both test what sentence under the Guideline may be treated as "reasonable" when challenged on appeal. The Clairborne appeal asks whether a sentence below the Guideline range is presumed to be reasonable, while the Rita case asks whether a sentence within a Guideline range is presumed to be reasonable.
But today the Public Defender's office representing Claiborne confirmed he was shot to death in Saint Louis in recent days.
So what happens to his case?
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