United States v. Martin Martinez-Noriega

• Booker Challenge to Martinez-Noriega’s Sentence

Although I am bound by our en banc decision in United States v. Pirani, 406 F.3d 543 (8th Cir.2005), I write separately to voice my agreement with Judge Bye’s thoughtful concurrence and dissent in Pirani, 406 F.3d at 562.

A panel of this court must engage in pure speculation when reviewing these sentences, based upon often-scant lower court records which reveal little about the district judge’s inclinations in any given case. It is indeed better to vacate and remand the majority of these cases to the judge who can say with surety what he or she…