Tuesday, September 02, 2008

 

Spears Update!


As you may remember, I have been working for three years now on the case of US v. Spears, which involves important questions on the sentencing guidelines used in federal court. With the help of Dustin Benham, Matt Acosta, and others, I argued the case in the 8th Circuit, petitioned for certiorari, and then received a favorable ruling from the Supreme Court with an order granting our petition, vacating the 8th Circuit's decision, and remanding the case in light of the Supreme Court's Kimbrough decision.

The 8th Circuit then came out against us again, by a 6-5 en banc vote. So, we petitioned for certiorari again. After receiving our petition, the Solicitor General waived a response, hoping the Court would summarily deny the petition (as they usually do).

This morning, Dustin Benham informed me that the Supreme Court has now ordered the SG to respond, and scheduled the case for discussion at conference. Woo hoo!

I do love this stuff.

Comments:
I really just want to agree about something, so congratulations Osler!!! Doin' justice baby!!!

Though, at first I thought it read "Sears Update" and I wondered why you were posting about the greatness of Sears, Roebuck & Co., but I quickly realized I was in error. Your post was a lot better than an update on cheap tools and big screen TVs.
 
Excellent! Hopefully the Supreme Court (and Scalia) are finally read to put this issue to bed.
 
Photo Caption: "Osler Makes the DOJ a Saaaaad Panda."
 
Is Osler supposed to be the panda or the guy with the hand puppet, or perhaps the kitten?
 
I was all excited to read news concerning Britney Spears, but was disappointed when I read the subject matter of the post. While I'm energized for you personally, I was hoping for something more substantive. P.S. Now, I understand why I see you at the pool so often, it's difficult walking around with dry gills :)
---Mr. CL
 
Congratulations! Sounds promising . . .
 
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