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19 Nov 2007, 5:45 am
State, 769 So. 2d at 986 .................................................................................................................7 Booker v. [read post]
19 Nov 2007, 5:45 am
State, 769 So. 2d at 986 .................................................................................................................7 Booker v. [read post]
16 Nov 2007, 10:27 am
  The increased discretion granted to judges by the Booker decision only amplifies the importance of articulating the reasons for a particular sentence and requires sentencing judges' compliance with § 3553(c)'s requirements. [read post]
13 Nov 2007, 1:16 pm
Most interesting was Prof Chanenson (Villanova) who argued that 3582(c)(2) was *not* a resentencing, but more like an "equitable sentencing procedure", and therefore Booker had no relevance, and that the USSC and/or Congress would have the right to make this retroactivity fairly restrictive (so as to minimize the burden on the courts, on the Marshals who have to transport prisoners, etc.) [read post]
2 Nov 2007, 6:34 am
§ 3582(c)(2) provides that the court may reduce the term of imprisonment “on its own motion. [read post]
17 Oct 2007, 11:32 am
Booker and possible Booker fixes, crack sentences, mandatory minimums, federal death penalty policy, lethal injection litigation, extreme sentences for white-collar and non-violent offenses and national sex offender policies all seem like topics very worthy of exploring with the likely next AG. [read post]
9 Oct 2007, 8:20 am
Since Booker, this huge issue has been, for the most part, ducked by the circuit courts, which tend to view the post-Booker world as if Blakely and Apprendi never happened. [read post]
6 Oct 2007, 10:11 am
In this case, the Circuit holds that the most common post-Booker claims about procedural unreasonableness - that the district court did not make adequate findings under § 3553(a), and that it did not provide a sufficient statement of reasons under § 3553(c), which are neither "novel" nor "complex" - must be objected to at the time of sentencing. [read post]
1 Oct 2007, 4:45 am
Attorney Gen. of the US, No. 06-1887In the context of the applicability of the new definitions of aggravated felony to immigration cases commenced prior to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), "actions taken" in section 321(c) of IIRIRA refers to orders and decisions of an IJ or the BIA which apply the "aggravated felony" definitions in 8 U.S.C. section 1101(a)(43) to determine the availability of hardship relief. [read post]
30 Sep 2007, 10:39 am
Booker, 543 U.S. 220 (2005), this Court held that mandatory application of the U.S. [read post]
28 Sep 2007, 7:20 am
Booker, the concerns raised in Kikumura "were put to rest. [read post]
4 Sep 2007, 6:01 am
.* While defendant's case had been remanded under Booker, it was not clear that he could have his search reconsidered under Randolph which was decided while the case was still not final. [read post]
28 Aug 2007, 9:34 am
Sec. 924(c); the recidivism provision of 924(c) is a sentencing factor and not an element of the offense. [read post]
16 Jul 2007, 12:16 pm
In a system of retributive justice born out of Mosaic law, in which justice is to be "tempered" with mercy, the truth is most of the people judging our clients still see "justice" as retribution.--------------1 Booker and Fanfan gave us some hope that this phrase had meaning. [read post]
7 Jul 2007, 12:52 pm
Since Booker, the Court must consider the 3553(a) factors, only the fourth of which is the guideline range in arriving at a sentence. [read post]