Friday, July 23, 2004

6th Circuit News -Developments in United States v. Tiffany Montgomery

From the 6th Circuit, I have learned that the defendant and the government have joined in a Rule 42 of the Federal Rules of Appellate Procedure motion to dismiss the appeal in United States v. Tiffany Montgomery, No. 03-5256.

The defendant filed the appeal challenging the BOP policy which will not honor the district court's recommendation that the defendant be entitled to serve her sentence in a halfway house. After the Sixth Circuit entered the order vacating the Montgomery opinion, the parties have worked the matter out with the result that the defendant will be allowed to serve her sentence in a halfway house.

But, if you will look at the Montgomery decision, you will note that the Sixth Circuit decided not to address the BOP policy at all.  It sent the case back to allow the district court to look at some new district court authorities on the policy, and on its own it said that Blakely would free the court from having to be bound by the guidelines.  Since the defendant got the relief she requested, the appeal is moot at this point. 

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