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Eleventh Circuit upholds a 57-year sentence for federal juve offender for non-homicide crimes based in part of possibility of good-time credits
20 Aug 2017, 4:23 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Sixth Circuit judge in separate opinion makes case for Eighth Amendment precluding execution of persons under 21 at time of murder
22 Aug 2019, 1:37 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Eighth Circuit panel, though requiring more explanation, suggests probation could be reasonable sentence when guideline range was 11-14 years
6 Aug 2013, 5:15 pm by Doug B.
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
En banc Fifth Circuit to review panel ruling that lifetime felon disenfranchisement is unconstitutional under Eighth Amendment
1 Oct 2023, 3:39 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Seventh Circuit authorizes successive 2255 attack on ACCA sentence based on Johnson
4 Aug 2015, 1:35 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Sixth Circuit panel rules federal prohibition of felon gun possession is "constitutional on its face and as applied to dangerous people"
25 Aug 2024, 12:01 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
En banc Fifth Circuit rejects claim Mississippi's lifetime felon disenfranchisement violates Eighth Amendment
18 Jul 2024, 12:31 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
New Third Circuit panel ruling rejects Second Amendment challenge to felon-in-possession charge for person on supervised release
3 Aug 2024, 8:21 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Federal district judge finds Colorado's Sex Offense Registration Act, as applied, amounts to unconstitutional punishment
1 Sep 2017, 8:02 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Split Ninth Circuit panel upholds federal conviction in "stash house" sting operation
17 Aug 2015, 2:28 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Fifth Circuit panel declares unconstitutional application of federal prohibition on gun possession by “unlawful user” of controlled substances
28 Aug 2024, 4:16 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Supreme Court of Wyoming continues to interpret Graham and Miller broadly
25 Aug 2017, 7:20 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Federal district judge dismisses illegal reentry prosecution holding "Section 1326 violates the Equal Protection Clause of the Fifth Amendment"
19 Aug 2021, 7:30 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
DOJ seeking DC Circuit en banc review of panel ruling finding 30-year mandatory minimums unconstitutionally excessive for Blackwater contractors who killed Iraqis
26 Sep 2017, 11:37 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Sixth Circuit panel concludes Michigan sex offender registration amendments "imposes punishment" and thus are ex post unconstitutional for retroactive application
25 Aug 2016, 9:29 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Notable Sixth Circuit panel habeas opion reversing Ohio death sentence in part "due to the trial court judge’s bias and misconduct"
9 Aug 2024, 10:17 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Split Tenth Circuit panel finds mandatory five-year prison term for violation of supervised release itself violates Fifth and Sixth Amendments
5 Sep 2017, 7:17 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Second Circuit judges sparring after denial of review of long child porn sentence
5 Feb 2013, 9:16 am by Doug B.
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Big new Third Circuit opinion sorts through various post-Johnson habeas ACCA headaches
13 Aug 2018, 11:11 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Split Fifth Circuit panel rules that Mississippi's lifetime felon disenfranchisement violates Eighth Amendment
6 Aug 2023, 10:10 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/