Another White Collar Booker reversal for plain error in the Ninth Circuit.

This past week, in United States v. Barken, the Ninth Circuit again reversed a sentence imposed for environmental crimes. The Court held that because the district court had held that the application of the guideline was in fact mandatory that court committed plain error. The defendant did not object to imposition of certain enhancements at trial based upon Blakely/Sixth Amendment grounds. However, that was not held against Barken based upon plain error.


Full text, United States v. Barken:

http://caselaw.lp.findlaw.com/data2/circs/9th/0350441p.pdf

Chip Venie is a private criminal defense attorney in San Diego, California. He is admitted to practice before state and federal courts in California, Washington, D.C., and Michigan. Mr. Venie graduated from The University of Virginia School of Law and clerked as a staff Attorney to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. Mr. Venie has litigated over 700 trial level felony matters and over 150 appeals. Mr. Venie can be reached at (619) 235-8300, or chipesq@hotmail.com.