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7 Feb 2008, 1:06 pm
But, Selya says that Booker came before Work, and Booker doesn't undermine Work, and whatever the case, Selya says that Booker doesn't matter that much and matters only reduces Booker to only this: "The short of it is that Booker constrains judicial factfinding only in a mandatory guideline sentencing regime. [read post]
5 Feb 2008, 8:11 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
24 Jan 2008, 9:17 am
post-Booker precedents, but has only a few sentences discussing the case facts. [read post]
15 Jan 2008, 1:50 pm
Sexton, No. 05-6412, 05-6415, 05-6416 Defendants' sentences for offenses stemming from the distribution of cocaine, imposed on a remand pursuant to Booker, are affirmed over meritless claims that: 1) the district court violated their Sixth Amendment and due process rights by using its own factual findings to calculate their sentencing ranges under the Guidelines; 2) the sentences exceeded the "maximum statutory sentence" allowable for their offenses; 3) imposition of their… [read post]
13 Jan 2008, 4:47 pm
OpinionShort Title/District 08a0004p.06 Staunch v. [read post]
6 Jan 2008, 1:19 pm
US: The Court's post-Booker sentencing cases illustrate why the remedial majority in Booker was mistaken to craft a remedy far broader than necessary to correct constitutional error. [read post]
5 Jan 2008, 5:12 am
See Booker v. [read post]
31 Dec 2007, 8:53 pm
Booker, making the federal sentencing guideline system advisory rather than mandatory. [read post]
20 Dec 2007, 11:04 pm
W e note, however, that, as a practical matter, there is essentially only a two-way circuit split between those circuits applying the "plainly unreasonable" standard of review (Fourth, Seventh) and those applying "unreasonableness" review (Second, Third, Eighth, Ninth, Tenth, Eleventh), with two circuits undecided (Sixth, Fifth), and two which have yet to confront the issue (First, D.C.).Having evaluated these various approaches, we find that, while the Supreme Court in … [read post]
14 Dec 2007, 7:22 pm
Because complete diversity is lacking in this case, we reverse the judgment of the district court and remand the case for consideration of the need to dismiss for lack of subject matter jurisdiction. 07a0478p.06 Morgan v. [read post]
12 Dec 2007, 10:22 pm
But from a perspective that exhibits concern for equal justice under law, framed either as a constitutional or policy matter, these cases raise and aggravate the same anxieties I had immediately after Booker because now the SCT (7 of them no less) are saying, go ahead, district court, check out the guidelines, but in the end do what you want and we'll back you up so long as you make sure you can deftly invoke some plausible sentencing purposes language somewhere in your… [read post]
21 Nov 2007, 10:32 am
But, the First says that it only matters if he is forced to do so. [read post]
19 Nov 2007, 1:37 pm
("In essence, he asks us to find that district courts must, as a matter of law, account for such disparities. [read post]
19 Nov 2007, 5:45 am
State, 769 So. 2d at 986 .................................................................................................................7 Booker v. [read post]
19 Nov 2007, 5:45 am
State, 769 So. 2d at 986 .................................................................................................................7 Booker v. [read post]
7 Nov 2007, 12:25 pm
" Of course, the remarks sparked the ire of Newark's Mayor Cory Booker (and others) who profess to have been offended by the analyst's remarks.The simple fact of the matter is that Newark's crime statistics are horrendous.According to published reports, the murder rate in New Jersey's largest city is up 50% since 1998, with comparative crime ratios of the latest FBI statistics… [read post]
1 Nov 2007, 5:22 pm
In the case of the non-cooperating defendant, one who either won't rat out others on principle, or has no information to provide, or the defendant who doesn't qualify for the safety valve, the Court is powerless to sentence under the mandatory minimum, no matter what the guidelines provide. [read post]
21 Oct 2007, 5:54 pm
Booker, 543 U.S. 220 (2005). [read post]
12 Oct 2007, 4:59 am
Blakely, which had undone mandatory state guidelines, immediately led to Booker, which raised the question of the validity of the federal guidelines regime. [read post]
11 Oct 2007, 1:20 pm
The three rules are: (1) Money matters; (2) Beware the corporate chieftain; and (3) Elected officials violating the public trust should not receive credit for good works. [read post]
