Search for: "Matter of Booker"
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21 Jun 2007, 6:23 pm
In the 2+ years since Booker, not a single district court within-guideline sentence has been found substantively unreasonable on appeal; is SCOTUS suggesting that circuit courts have failed to recognize and correct district courts those (rare? [read post]
4 Mar 2021, 11:53 am
The bill would prohibit any sharing of consumer health information with an entity outside the jurisdiction of the U.S. no matter the purpose. [read post]
6 Dec 2008, 6:55 am
The District Court could only take into account particularized arguments relative to the defendant before it, and went beyond his authority to determine, as a matter of policy, that the guidelines failed to provide adequate deterrence for major metropolitan areas.But that was then. [read post]
14 Apr 2010, 11:00 am
, 514 U.S. 695 (1995), that a federal court is not a department or agency of the United States for the purposes of making false statements in a matter within the jurisdiction of the United States pursuant to 18 U.S.C. [read post]
11 Jul 2012, 5:07 pm
She notes that the 11th Circuit has always given deference to a sentence imposed above the guideline range no matter how large, and since Booker, the 11th Circuit has never vacated an upward variance from the sentencing guidelines on reasonableness grounds. [read post]
22 Mar 2007, 11:36 am
A Booker claim is denied. [read post]
15 Apr 2007, 9:21 pm
No decision is pending in an urgent matter. [read post]
9 Mar 2009, 12:48 am
As a practical matter, how often does a district court sua sponte depart upwards without someone with a prosecutorial bend - be it an AUSA or a probation officer - urging the departure and its basis before the sentencing hearing? [read post]
19 Feb 2020, 10:07 am
There is some debate about the outer limits of the president’s power to control law enforcement as a matter of constitutional law. [read post]
14 May 2008, 1:32 pm
I understand that concern, but in light the Supreme Court's decision in the Booker case, something must be done to insure that sexual predators receive the types of sentences appropriate for their crimes.In Booker, the Court held that the Federal Sentencing Guidelines are no longer mandatory, thu [read post]
30 Oct 2015, 4:58 am
It doesn’t matter if everybody says so. [read post]
19 Apr 2019, 6:25 am
Senator Cory Booker released a searchable version of the Mueller report as the original version was just images. [read post]
15 Aug 2019, 3:44 am
” Does the definition matter if one dismisses it as some mere “legalism”? [read post]
12 Jul 2012, 4:44 am
Let's see, Mistretta was decided in 1989, and a mere 16 years later, the Supreme Court decided Booker. [read post]
13 Apr 2009, 10:01 pm
The Court noted that the issue of whether there was a mandatory right to counsel in § 3582(c)(2) reduction of sentence hearings was a matter of first impression for the Court. [read post]
4 Jun 2014, 4:12 am
No matter how hard they try, they just won’t be the predator they could have been. [read post]
22 Apr 2010, 7:36 pm
Senior Judge Booker agreed with the outcome, but separately concurred on a different legal basis. [read post]
11 Jun 2007, 1:41 pm
" The Supreme Court sat on the case until after the Claiborne matter had been resolved, and then granted it, for review in the next Term. [read post]
24 Apr 2014, 3:16 am
She had the misfortune to be convicted post-Mistretta and pre-Booker. [read post]
10 Aug 2020, 6:25 am
Thank you for your prompt attention to this matter. [read post]