Search for: "Matter of Booker"
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17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [read post]
10 Nov 2008, 12:18 pm
(The naming of a new Attorney General and other key DOJ appointments may provide some signals, but the federal sentencing system is probably a low priority matter compared to other key crime and justice concerns.) [read post]
3 Nov 2008, 7:03 pm
Osborne, No. 07-5572 In a criminal case involving a modeling agent who defrauded Fruit of the Loom with the help of a Fruit of the Loom employee, his conviction and below-Guidelines sentence for conspiracy to commit mail fraud are affirmed over claims that: 1) there was a variance between the indictment, which charged one conspiracy, and the proof at trial, which defendant asserted proved two separate conspiracies, only one of which involved him; and 2) his sentence was imposed in violation of… [read post]
26 Oct 2008, 4:15 am
Just a few comments, related to white collar matters: At... [read post]
John McWhorter worries about the way, if Obama loses, black people will (wrongly) say it was racism.
17 Oct 2008, 9:01 am
" 2009 would be a year of countless panel discussions, quickie books, and celebrated rap couplets wallowing in the notion that the white man wouldn't let Obama into the Oval Office where he belonged, urgently reminding us that to be black is still to be a victim.Promising black politicians like Cory Booker, Deval Patrick, Adrian Fenty, and Harold Ford would find it harder than Obama did to attract support for presidential runs: No matter how stirring their speeches, the… [read post]
5 Oct 2008, 3:15 pm
He really believed that "love" mattered to our political life. [read post]
10 Sep 2008, 6:53 pm
The First says that this is simply a matter of 4A1.2, without a discussion of state law, which says that it may be counted. [read post]
2 Sep 2008, 12:25 pm
In Matter of Booker v. [read post]
20 Aug 2008, 10:31 pm
The district court granted the Defendants' motion to stay the suit and ordered the matter to arbitration. [read post]
15 Aug 2008, 5:38 am
" Comment Like Judge Rakoff's decision in Adelson, Parris is as an important milestone in the post-Booker path to freedom from what Judge Block describes as "the shackles of the mandatory guidelines regime. [read post]
27 Jul 2008, 2:28 am
" The following year, after having been shortlisted for the Booker prize with The Bookshop, she asked her fiction publisher, Colin Haycraft, if it would be a good idea to write another novel. [read post]
26 Jul 2008, 8:16 am
It remains to be seen whether Gall and Kimbrough will have the impact on Circuit Courts of Appeals that the Supreme Court intended (as in telling them that they really meant what they said in Booker), and whether the sanity of Judge Gertner's decision will survive review, but her point is clear and undeniable. [read post]
13 Jul 2008, 2:05 pm
That didn't matter. [read post]
13 Jul 2008, 1:56 pm
That didn't matter. [read post]
11 Jul 2008, 12:49 pm
Booker -- which did recognize a defendant's right only before demolishing its significance -- there aren't separate opinions in Philip Morris regarding the "merits" and the "remedy. [read post]
3 Jul 2008, 2:23 pm
In addition, I suspect at least a few more post-Booker issues might still garner the Justices' attention (perhaps acquitted conduct or other burden-of-proof issues). [read post]
1 Jul 2008, 8:36 am
Booker, 71 F.3d 685, 689 (7th Cir.1995). [read post]
27 Jun 2008, 3:43 pm
For those reasons, Congress or the Sentencing Commission certainly could conclude as a policy matter that sentencing courts may not rely on acquitted conduct. [read post]
16 Jun 2008, 3:46 am
" Finally, the Court noted that Rule 32's other procedural protections help to insure that all relevant matters pertaining to sentencing have been considered before the judge makes a final sentencing determination. [read post]
13 Jun 2008, 2:46 pm
Though the activities of many subject to federal prosecutions are much different and obviously more severe, some actions by federal defendants seem only different from Chief Judge Kozinski's actions by a matter of degrees. [read post]
