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Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly)

Loaded on Jan. 1, 2008 published in Punch and Jurists January 07, 2008
Filed under: Retroactivity, Punch And Jurists.

This is a fascinating decision in which Judge Zilly granted the petitioner’s motion for a Writ of Audita Querella in order to remedy a “grave injustice,” thus allowing him to be resentenced and to raise a Booker issue retroactively at his resentencing.

This ruling by Judge Zilly involves some novel ...

 

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More from this issue:

  1. Bismullah v. Gates, No. 06-1197 (D.C. Cir.) (514 F.3d 1291) (February 1, 2008) (Per Curiam)
  2. U.S. v. Dorsey, No. 06-16698 (11th Cir.) (512 F.3d 1321) (January 14, 2008) (Judge Charles R. Wilson)
  3. U.S. v. Newsom, No. 06-10822 (5th Cir.) (508 F.3d 731) (November 16, 2007) (Judge Carl E. Stewart)
  4. Kessack v. U.S., No. C05-1828Z (W.D.Wash.) (2008 U.S. Dist. LEXIS 7739) (January 18, 2008) (Judge Thomas S. Zilly)
  5. U.S. v. Anim, No. 4:06-cr-00218 (S.D.Iowa) (519 F.Supp.2d 968) (November 5, 2007) (Judge Robert W. Pratt)
  6. U.S. v. Shrake, No. 07-1790 (7th Cir.) (515 F.3d 743) (February 6, 2008) (Judge Frank H. Easterbrook)

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