January 12, 2007 - Circuit Court of Appeals Orders Resentencing

January 12, 2007, District of Columbia Circuit Court of Appeals orders Booker resentencing for client sentenced to life imprisonment in heroin conspiracy case (but otherwise affirms convictions and appeal following first resentencing).  In a special concurring opinion, Judge Kavanaugh added some interesting observations in response to my argument that the Booker remedy provision itself was unconstitutional. [Update - At resentencing Mr. Kent negotiated with the Department of Justice and obtained an offer to a term of thirty years, despite the fact that the court had twice before imposed life sentences and the client had put the government to trial in a series of trials which lasted six months and included the indictment of a person in the United States Attorney's Office for having provided information about ongoing wiretap information to the defendant.  By the time of this third sentencing the client, who was in his 30s, had served ten years in prison, thus would have faced release in approximately 14 years.  The client refused the offer and the case is again on appeal.]