Search for: "Matter of Booker"
Results 381 - 400
of 556
Sort by Relevance
|
Sort by Date
28 Mar 2009, 9:17 pm
Of course, the flip side of Booker is that the judge is also free to “tailor the sentence” above the guidelines. [read post]
24 Mar 2009, 2:31 am
id=1011230 Sentencing Law and Policy: A strong pitch to SCOTUS to have Booker ...By Doug B. [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]
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]
4 Mar 2009, 7:44 am
(Robert Jefferson) TITLE Up from history : the life of Booker T. [read post]
11 Feb 2009, 6:41 am
This Court continues to believe, as a matter of policy, that it is unjust to permit sentencing disparities based on the fortuity of the judicial district in which a defendant in an illegal reentry case is charged. [read post]
7 Feb 2009, 5:58 am
See Troy Stanebow Article "Deconstructing the Myth of the Child Pornography Guidelines" Child pornography is a serious matter and efforts should be made to eliminate it entirely. [read post]
27 Jan 2009, 7:34 am
Second, the Court continues to show interest is lots of criminal justice issues, including lots of sentencing matters. [read post]
21 Jan 2009, 11:11 pm
Ask any criminal defense lawyer and they'll tell you that they have received this reaction, no matter what permutation of words, a thousand times. [read post]
21 Jan 2009, 1:57 pm
As a logical matter, of course, rejection of the 100:1 ratio, explicitly approved by Kimbrough, necessarily implies adoption of some other ratio to govern the mine-run case. [read post]
18 Jan 2009, 5:24 pm
The principal deputy is also known as the the "political deputy," though, as Legal Times pointed out in this 2005 story, the exact nature of the job is a matter of dispute. [read post]
15 Jan 2009, 3:39 am
The only real justification the government advanced for the subject being a matter of Federal law was the Commerce Clause, but the 4th Circuit relied on a couple of Supreme Court decisions in the past decade or so in rejecting that argument.The first was US v. [read post]
7 Jan 2009, 7:31 am
"All of these matters relate to judgment," Specter said. [read post]
20 Dec 2008, 11:38 pm
" Though not focused on only white-collar matters, of particular interest for sentencing fans in this issue is this fascinating Q&A interviewwith now-former US Sentencing Commissioner John Steer. [read post]
17 Dec 2008, 7:16 pm
US, No. 08-1634 In a suit alleging malicious prosecution by the government arising out of the prosecution of plaintiff-federal employee for false reporting, dismissal for lack of subject-matter jurisdiction is vacated and cause remanded where: 1) the alleged misconduct of government investigators fell outside of the discretionary-function exception to the Federal Tort Claims Act; 2) the investigators were federal employees, not contractors; 3) no search, seizure, or arrest was necessary to… [read post]
15 Dec 2008, 3:34 pm
"As a practical matter, we have really seen no difference in the way we conduct our business in prosecuting murder cases. [read post]
13 Dec 2008, 12:13 am
Booker Eastern District of Michigan at Detroit 08a0725n.06 USA v. [read post]
7 Dec 2008, 4:34 pm
"Such deference might well "result in substantial variation among district courts," but this is a "necessary cost" of the Booker remedy. [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]
5 Dec 2008, 4:26 pm
But I am excited to see my favorite post-Booker legal conundrum getting some attention, and I suspect it will be only a matter of time before SCOTUS will have to take up this issue. [read post]
