Search for: "Matter of Booker"
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28 Jul 2007, 9:53 am
In this recent, tragic case, a female cooperator got ten years based on District Court Judge Haddon's repeated and erroneous view that Booker eliminated the Safety Valve. [read post]
26 Jul 2007, 6:55 am
Adding to its impressive corpus of post-Booker jurisprudence, a split panel of the Sixth Circuit today in US v. [read post]
23 Jul 2007, 10:41 am
The Circuit further states, "Indeed, as a matter of policy, we agree with the District Court that a 100-to-1 ratio leads to unjust sentences,... [read post]
20 Jul 2007, 2:33 pm
July 20, 2006) (available here), the Third Circuit seeks to clarify matters. [read post]
16 Jul 2007, 11:04 am
Booker that salvaged the federal Sentencing Guidelines by making them advisory, not mandatory. [read post]
7 Jul 2007, 12:52 pm
Since Booker, the Court must consider the 3553(a) factors, only the fourth of which is the guideline range in arriving at a sentence. [read post]
5 Jul 2007, 2:28 pm
As a practical matter that will not happen, but that it could means that the public has a way to overrule the court. [read post]
4 Jul 2007, 12:12 am
He thought differently and that's all that mattered. [read post]
26 Jun 2007, 9:05 pm
Procedural review would lay the matter to rest, comporting with both parts of the Booker opinion and achieving the maximumdegree of sentencing uniformity on the basis of judgefound facts that the Constitution permits. [read post]
22 Jun 2007, 2:46 pm
Justice Scalia renews this argument in his Rita concurrence, and surely he is correct as a matter of strict logic. [read post]
21 Jun 2007, 6:23 pm
In the 2+ years since Booker, not a single district court within-guideline sentence has been found substantively unreasonable on appeal; is SCOTUS suggesting that circuit courts have failed to recognize and correct district courts those (rare? [read post]
21 Jun 2007, 11:21 am
Indeed, for an opinion that many hoped could help clarify post-Booker sentencing realities, Rita strikes me as more likely to create continued confusion because everyone will be able to find some passages to their linking. [read post]
21 Jun 2007, 9:23 am
Indeed, for an opinion that many hoped could help clarify post-Booker sentencing realities, Rita strikes me as more likely to create continued confusion because everyone will be able to find some passages to their liking. [read post]
21 Jun 2007, 5:15 am
Poor Justice Stevens -- he's stuck on that old chestnut that the person before the district court actually matters at sentencing. [read post]
11 Jun 2007, 1:41 pm
" The Supreme Court sat on the case until after the Claiborne matter had been resolved, and then granted it, for review in the next Term. [read post]
3 Jun 2007, 5:40 am
However, the death of Mario Claiborne (details here) would seem to ensure that SCOTUS will need more time to sort out these matters. [read post]
2 Jun 2007, 12:10 pm
Still, were I in Scooter's shoes, I would be wondering about a few matters as my June 5 sentencing swiftly approaches: 1. [read post]
1 May 2007, 12:34 pm
But, the defendant, it seems did not challenge the "reasonableness" under Booker. [read post]
15 Apr 2007, 9:21 pm
No decision is pending in an urgent matter. [read post]
9 Apr 2007, 2:09 pm
Atkins, "Did the Corporate Criminal Sentencing Guidelines Matter? [read post]
