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14 Apr 2009, 10:01 pm
Booker is a Two-Way Street: In U.S. v. [read post]
13 Apr 2009, 10:01 pm
The Court also held that Booker is “inapplicable” to § 3582(c)(2) motions for reduction of sentence because it is “‘a Supreme Court decision, not a retroactively applicable guideline amendment by the Sentencing Commission. [read post]
5 Apr 2009, 1:51 am
Facts: Carter was convicted after trial of conspiracy to rob two banks, and § 924(c) counts. [read post]
31 Mar 2009, 4:21 pm
Booker, 543 U.S. 220 (2005), U.S.S.G. [read post]
28 Mar 2009, 9:17 pm
Federal Rules of Criminal Procedure 11 (c) (1) (C). [read post]
27 Mar 2009, 7:53 am
The Third Circuit rejected the idea and held that the requirements for a sentence reduction under § 3582(c) remain unchanged in light of Booker and Kimbrough. [read post]
23 Mar 2009, 1:26 pm
Defendant must be resentenced because of the partial acquittal, under the advisory-guideline scheme created by the Booker decision subsequent to his original sentence. [read post]
17 Mar 2009, 10:29 am
§ 3582(c)(2), id. at *1 (citing U.S. v. [read post]
4 Mar 2009, 7:44 am
(Robert Jefferson) TITLE Up from history : the life of Booker T. [read post]
22 Feb 2009, 4:31 am
Even post-Booker sentencings require the district court to calculate the guidelines. [read post]
20 Feb 2009, 6:18 am
In light of Booker and Crosby, however, it remanded Carr's case for resentencing. [read post]
19 Feb 2009, 8:51 am
§ 2A2.3(b)(3)(C) for permanent or life-threatening injury. [read post]
16 Feb 2009, 5:19 am
For those courts and cases, Autery reinforces the value of 11(c)(1)(C) deals.Finally, note that a separate standard-of-review remains for procedural sentencing error. [read post]
10 Feb 2009, 7:49 am
§ 3553(c). [read post]
6 Jan 2009, 10:04 am
Ruling in accord with a recent Tenth Circuit ruling concerning Booker's inapplicability to crack retroactivity proceedings (blogged here), the Fourth Circuit yesterday US v. [read post]
21 Dec 2008, 10:23 am
Proc. 11(c)(1)(C). [read post]
17 Dec 2008, 7:16 pm
Washington, No. 07-1523, 07-1884, 07-2541 Federal district courts lack the inherent power to vacate a sentence procured by fraud, any such power having been abrogated by the enactment of 18 U.S.C. section 3582(c) and the amendments to FRCP 35. [read post]
13 Dec 2008, 12:13 am
Debtors-Appellants Stuart C. [read post]
10 Dec 2008, 9:25 pm
As a result, we conclude that Booker simply has no bearing on sentencing modification proceedings conducted under § 3582(c)(2). [read post]
3 Nov 2008, 7:03 pm
Kuehne, No. 06-3668 A conviction for drug- and firearm-related offenses is affirmed over claims of error regarding: 1) allegedly improper venue; 2) the definition of "use" under 18 U.S.C. section 924(c)(1); 3) jury instruction regarding proof necessary for conviction under section 924(c); 4) constructive amendment or variance of the indictment; 5) prosecutorial misconduct; 6) a motion for acquittal; 7) alleged inaccuracies in the transcript of proceedings; 8) propriety of… [read post]