Search for: "Matter of Booker" Results 361 - 380 of 556
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20 Oct 2009, 3:35 pm by Jon Sands
Under Booker, though, a jury must find the facts on which imprisonment is justified. [read post]
2 Oct 2009, 1:32 pm by Bob
The No Fly list encompasses all airports.Also, the mayor of Newark – or any elected official for that matter - cannot add somebody to the No Fly list. [read post]
21 Sep 2009, 6:21 am
The reasoning was that the sentencing scheme was judicially reformed after Cunningham, and, see Booker, no ex post facto bar exists. [read post]
30 Jul 2009, 9:41 pm
Penaranda, asking the post-Blakely sentencing question that the Court would soon answer in Booker. [read post]
20 Jul 2009, 9:45 am
" In the immediate wake of Booker, federal prosecutors often contested and/or complained if a district judge sought to reduce a based on a defendant's cooperation absent a government 5K motion. [read post]
29 Jun 2009, 11:13 am
But we do it in the judiciary all the time.For example, ever since the Supreme Court in Booker held that the sentencing guidelines were advisory, the Ninth Circuit has conducted what we call "limited Ameline" remands, in which the district court is basically asked whether -- for those cases that were on appeal when Booker was decided -- it would have imposed the same sentence had it known the guidelines were advisory. [read post]
4 Jun 2009, 8:04 am
Indeed, ever since the Supreme Court decided Booker v. [read post]
28 May 2009, 8:38 am
Washington (Apprendi, Booker, etc) -- criminal practitioners rejoiced when Scalia started the revolt against the mandatory federal sentencing guidelines. [read post]
27 May 2009, 1:30 pm
    While it is unlikely that the Court will revisit Booker anytime soon, the case continues to give rise to subsidiary questions. [read post]
19 May 2009, 7:05 am
  This case has bounced up and down as the district court and  the Fifth Circuit try to figure out post-Booker sentencing rules. [read post]
14 May 2009, 4:12 pm
The majority says yes; Judge Booker says no.Military Rule of Evidence 414(a) provides: "In a court-martial in which the accused is charged with an offense of child molestation, evidence of the accused's commission of one or more offenses of CHILD MOLESTATION is admissible and may be considered for its bearing on any matter to which it is relevant. [read post]
6 May 2009, 1:40 am
GoldingerAPPELLATE DIVISIONTHIRD DEPARTMENTFamily LawJoint Tenancy Presumption Applies to Account But Jury Could Find It Opened as 'Convenience'Matter of Corcoran (Corcoran v. [read post]
25 Apr 2009, 9:11 pm
  Whether the Supreme Court in Booker effectively changes that precedent "is a decision we must leave to the Supreme Court. [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]