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31 Aug 2018, 9:24 am by Sen. Orrin Hatch (R-Utah)
Booker that made those Guidelines advisory, not binding. [read post]
14 Oct 2014, 9:37 am by Bill Otis
 First, the defense bar had its crack at this issue in Booker. [read post]
18 Mar 2011, 11:35 am by Bill Otis
Watts, 519 US 148 (1997), and Booker, the Supreme Court has made it clear that considering acquitted conduct is proper. [read post]
17 Jul 2009, 9:36 am
Booker, 543 U.S. 220, 240 (2005), the Supreme Court correctly characterized United States v. [read post]
15 Jan 2009, 3:39 am
  Of course, Watts preceded the Apprendi/Blakely/Booker line of cases, in which the Court held the ‘statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. [read post]
15 Nov 2007, 10:12 am
As noted in prior posts here and here and here, the Sixth Circuit is currently considering en banc review of the continuing use of acquitted conduct as a sentencing enhancement after Booker in the wake of a panel's notable per curiam ruling in US v. [read post]
28 Jan 2007, 8:34 pm
In his Mercado, Judge Fernandez sells the status quo: Watts survived Apprendi, and acquitted conduct can be used at sentencing despite Booker. [read post]
25 Jan 2007, 8:23 am
On appeal, defendant argued that Apprendi and Booker effectively overruled Watts. [read post]
24 Jan 2007, 10:18 pm
The majority simply relied on the Supreme Court opinion in Watts, which the Booker majority specifically found did not address the relevant constitutional issues, and the other Circuits' adherence to use of acquitted conduct to increase sentences. [read post]