Search for: "C Booker"
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6 Dec 2009, 2:50 pm
(Recall his admirable and famous decision in the post-Booker Ranum opinion (blog on Ranum available here)). [read post]
14 Nov 2009, 4:44 pm
The Trooper searched the car and found crack and a gun: Ruckes was charged with felon in possession, possession of crack for sale, and a § 924(c). [read post]
5 Nov 2009, 11:04 am
US Sentencing Commission --- for failing to revise the most unsound guidelines C. [read post]
2 Nov 2009, 7:58 am
§ 924(c)(1) to a 30-year minimum when the firearm is a machinegun is an element of the offense that must be charged and proved to a jury beyond under Apprendi. [read post]
27 Oct 2009, 6:53 am
§ 3582(c)(2). [read post]
25 Sep 2009, 6:08 am
The defendant had an 11(c)(1)(C) plea rejected by the court. [read post]
1 Sep 2009, 4:31 am
Booker, 2009 U.S. [read post]
18 Aug 2009, 11:04 am
Booker empowered district courts, not appellate courts . . . . [read post]
7 Aug 2009, 6:59 am
§ 3582(c)(2) are therefore only tangentially relevant to this case. [read post]
7 Aug 2009, 2:26 am
ColemanCRIMINAL PRACTICE - Motion to Withdraw"The District Court properly re-sentenced defendant after the Third Circuit remanded the case in light of Booker; there are no non-frivolous issues, and counsel's motion to withdraw is granted. [read post]
28 Jul 2009, 11:37 am
The court noted that Booker invalidated § 3553(b)(1), which does not cross- reference § 3582(c). [read post]
23 Jul 2009, 9:29 am
In Lowe, the 9th held that a district court's discretionary denial of a 18 U.S.C. 3582(c)(2) sentence reduction motion was unreviewable on appeal. [read post]
17 Jul 2009, 2:29 pm
New Massachusetts companies. [read post]
24 Jun 2009, 4:17 am
Remember in the days post-Booker when appeals from pre-Booker sentencings still were percolating? [read post]
18 Jun 2009, 7:41 pm
§ 3553(e); and (E) a study and report on the appellate standard of review applicable to post-Booker federal sentencing decisions. [read post]
12 Jun 2009, 10:49 am
Booker, 543 U.S. 220 apply with equal force to sentence reductions under 18 U.S.C. [read post]
29 May 2009, 10:40 am
" Savoy argued that Booker and its progeny have made this mandatory language advisory. [read post]
28 May 2009, 11:41 am
"Thus, the question before the Second Circuit was "[w]hether courts are required to construe the 'shall not' language of Section 1B1.10(b)(2)(A) as advisory rather than mandatory in light of Booker and its progeny" -- an open question in the Second Circuit. [read post]
12 May 2009, 10:16 am
Judge Booker wrote the opinion of the court.The majority framed the issue as "whether an accused service member, in asserting an affirmative defense of consent, must disprove whether a victim is 'substantially incapable of communicating unwillingness to engage in the sexual act,' Article 120(c)(2)(C), in order to be acquitted. [read post]
12 May 2009, 9:45 am
§ 3145(c) if the Court finds "it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate. [read post]
