Search for: "Matter of Booker"
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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]
12 Jun 2008, 3:11 pm
The three short opinions in Irizarry are all quite interesting (basics here), though I am not sure upon first read whether the ruling is very important or just a review of matters established by modern Booker progeny like Gall and Kimbrough. [read post]
4 Jun 2008, 3:28 am
by Collin, Dallas and Denton County DWI Attorney Troy Burleson If you have been charged with a Collin, Dallas or Denton county DWI, chances are you were asked to do field tests by the officer who arrested you. [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]
14 May 2008, 6:53 am
Providing an account of what the Supreme Court's Booker progeny means for district courts, the Tenth Circuit yesterday in US v. [read post]
7 May 2008, 12:15 pm
(This matters because Booker might allow the defendant to escape a life sentence). [read post]
22 Apr 2008, 8:55 am
Booker also changed the legal context by eliminating the portion of the sentencing appeals statute making the Guidelines mandatory. [read post]
16 Apr 2008, 10:59 am
Booker v. [read post]
14 Apr 2008, 11:51 am
H030976 Conviction for attempted lewd or lascivious act on a child under 14, attempted distribution or exhibition of harmful matter to a minor, and possession of child pornography is affirmed over claims that: 1) trial court committed a number of errors in its instructions to the jury; and 2) conviction for attempting to send harmful matter over the Internet must be reversed because it constituted a state regulation in violation of Commerce Clause and First Amendment right of free… [read post]
14 Apr 2008, 11:34 am
Vilches-Navarrete, No. 06-1942 Conviction and sentence for cocaine possession in violation of Maritime Drug Law Enforcement Act ("MDLEA") and conspiracy to distribute cocaine is affirmed over defendant's claims that: 1) the MDLEA is unconstitutional; 2) the district court lacked jurisdiction; 3) the district court erroneously refused to suppress evidence; 4) there was insufficient evidence to sustain his conviction; and 5) his sentence was unreasonable under Booker; and 6)… [read post]
11 Apr 2008, 12:55 pm
The rest of the opinion concentrates on the use of a condition of parole to make someone a career offender, but the First, says that this is really a matter of U.S.S.G. [read post]
8 Apr 2008, 7:35 am
” Booker, 543 U.S. at 229. [read post]
24 Mar 2008, 5:06 am
Further, new briefs will be filed this week in Irizarry, the post-Booker Rule 32(h) case. [read post]
19 Mar 2008, 10:17 am
Taking the matter even further, the Second Circuit directed that the case should be reassigned upon remand. [read post]
11 Mar 2008, 11:53 am
Mar. 11, 2008) (available here), which highlights the enduring struggle of post-Booker appellate review of sentencing. [read post]
1 Mar 2008, 2:48 am
Win on one theory, win on two theories -- no matter how you slice it, still a win for the Bay Area's appellate powerhouse Dennis Riordan (left). [read post]
24 Feb 2008, 11:13 am
After the Jury Acquits: Resolving the Post-Booker Acquitted Conduct Sentencing Dilemma. [read post]
19 Feb 2008, 1:43 pm
I do not fault the USSC on this data front; the Commission has surely been busy dealing with crack retroactivity issues and other matters. [read post]
12 Feb 2008, 5:40 am
After Blakely and before Booker, lower courts held that characteristics and sequences of prior convictions implicated the Sixth Amendment (for example, Kortgaard, Ngo, Kuau, Henderson). [read post]
11 Feb 2008, 8:08 am
Phinazee, No. 06-5730 Defendant's sentence, imposed on a remand pursuant to Booker, for conspiracy to distribute crack and powder cocaine is affirmed over a claim that the sentence was substantively unreasonable because a downward variance was not large enough. [read post]
