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20 Sep 2009, 1:17 pm
Carter, 560 F.3d 1107, 1124 (9th Cir. 2009), and has "curse[d] the opacity of the guidance [the Ninth Circuit has] received from above" in the post-Booker era. [read post]
18 Aug 2009, 11:04 am
Booker empowered district courts, not appellate courts . . . . [read post]
7 Aug 2009, 2:26 am
"
D. [read post]
2 Aug 2009, 5:55 am
Booker, 2009 U.S. [read post]
30 Jul 2009, 3:29 am
Booker, the defendant was convicted of possession with intent to distribute at least 50 grams of crack, and the jury heard evidence that he’d had 92.5 grams in his duffel bag. [read post]
23 Jul 2009, 9:29 am
The order was issued by a panel of Kozinski, Hawkins, and Gould.Congratulations to AFPD Jason Carr of D. [read post]
17 Jul 2009, 2:29 pm
(Randolph, MA; D. [read post]
29 Jun 2009, 11:13 am
Imagine, for example, the defendant committed an assault in prison post-sentencing, and the district court said: "I know you filed an appeal, and got a remand under Ameline to see if I'd do the same thing. [read post]
18 Jun 2009, 7:41 pm
§ 3553(e); and (E) a study and report on the appellate standard of review applicable to post-Booker federal sentencing decisions. [read post]
15 Jun 2009, 1:59 pm
The problem, of course, is that even post-Booker, 5K1.1 departures must be requested by the government. [read post]
3 Jun 2009, 2:01 pm
Holder , No. 08-2544 Petition for review of Board of Immigration Appeals' cancellation of removal and finding of removeability is granted where the Board violated 8 C.F.R. sec 1003.1(d)(3)(iv) by engaging in impermissible factfinding as it relied on facts that were contested by the parties and expressly not found by the Immigration Judge. [read post]
28 May 2009, 12:53 pm
""In the case before us, 'closer review' is warranted because the district court 'varie[d] from the Guidelines based solely on the judge's view that the Guidelines range fail[ed] to properly reflect [18 U.S.C.] 3553(a) considerations . . . . [read post]
28 May 2009, 8:38 am
Washington (Apprendi, Booker, etc) -- criminal practitioners rejoiced when Scalia started the revolt against the mandatory federal sentencing guidelines. [read post]
27 May 2009, 5:50 pm
Alabama law prof David Patton, who was a federal defender in SDNY before heading south, sent me this report on a few unpublished sentencing opinions by Judge Sotomayor from the days before Booker: I thought I'd point out two unreported sentencing opinions from Judge Sotomayor. [read post]
14 May 2009, 4:12 pm
EVID 414(d). [read post]
7 May 2009, 8:04 am
That's right, dear readers: you'd turn to someone who has slogged through the Booker-Fanfan Swamp and knows just how to navigate the smooth superway known as 'Route 3553.' Clerquette could go on and on. [read post]
6 May 2009, 1:40 am
Bloomberg NEW YORK COUNTYLandlord/Tenant LawLandlord Failed to Serve Tenants Cure Notice; Court Grants Dismissal of Holdover SuitJ&D Associates v. [read post]
20 Apr 2009, 1:12 pm
Booker, Ashcroft v. [read post]
8 Apr 2009, 2:33 pm
Mayor Cory Booker (YLS '97) and White & Case partner Jack E. [read post]
28 Mar 2009, 9:17 pm
Of course, the flip side of Booker is that the judge is also free to “tailor the sentence” above the guidelines. [read post]
