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23 Jan 2007, 8:19 pm
Jan. 18, 2006) Mui presents the unusual circumstance of an appeal from a sentence imposed post-Blakely but pre-Booker during a period of "considerable consternation and concern" in the federal courts as to the legality of judicial fact-finding under the Guidelines. [read post]
19 Jan 2007, 11:57 am
  He argued that a state conviction for indecent assault shouldn't count, something greater than the preponderance of evidence standard should apply to enhancements (post-Booker), and that an enhancement for obstruction of justice was something other than harmless (it didn't matter because of the ACCA). [read post]
12 Jan 2007, 8:00 am
  But the bottom line, at least as a descriptive matter, is that the Guidelines determine the final sentence in most cases. [read post]
12 Jan 2007, 7:54 am
(Domestic politics are another matter.) [read post]
9 Jan 2007, 9:15 am
  Left open, however, is whether, when and how SCOTUS will finally get to the issue of Apprendi and Blakely and Booker retroactivity. [read post]
5 Jan 2007, 11:46 am
I am pleased to see the Second Circuit Sentencing Blog is back in action, and especially happy it noted Judge Jack Weinstein's latest Booker work in US v. [read post]
5 Jan 2007, 6:06 am
"  This CLR note on Booker is not yet on-line, but in the meantime I recommend everyone make sure they've read this student note from April's Harvard Law Review entitled "A Matter of Life and Death: The Effect of Life-Without-Parole Statutes on Capital Punishment. [read post]
29 Dec 2006, 10:40 am
Dec. 28, 2006) (available here) has also kept the parsimony provision from having a clear consequential impact on post-Booker sentencing outcomes. [read post]
28 Dec 2006, 12:12 pm
  Their analysis is disappointing, since it just refers to pre-Booker caselaw. [read post]
6 Dec 2006, 12:54 pm
The First concedes that its precedent on summary charts is "opaque" and tries to clarify matters. [read post]
5 Dec 2006, 8:37 am
  Thus, if we start from the premise the guidelines' system is advisory, which we must, any advice given within such a system cannot be binding by its very nature, no matter whether the advice is on matters of broad policy or otherwise. [read post]
3 Dec 2006, 9:04 pm
After graduation from law school, he worked with a several institutions: Quinn Emanuel Urquhart Oliver & Hedges, LLP, where he handled Internet-related intellectual property matters; the Cory Booker for Mayor campaign, where he worked with the policy and finance groups; and Jumpstart for Young Children, a national non-profit group devoted to improving literacy, language, social, and initiative skills in young children. [read post]
30 Nov 2006, 7:24 pm
Over at SCOTUSblog, posts by Tom Goldstein and Marty Lederman highlight how light the Supreme Court docket is this Term and ask whether there "are any particular categories of cases -- defined by subject-matter, reasons-for-grant, or otherwise -- to which the Court is being insufficiently attentive. [read post]
27 Nov 2006, 12:37 pm
  Will there have to be hundreds, perhaps thousands, of resentencings no matter what is said in Claiborne and Rita. [read post]
27 Nov 2006, 9:20 am
"Booker prize-winning novelist is a fraud" is the message, with an unsung and now conveniently deceased author his secret weapon. [read post]
6 Nov 2006, 4:54 am
I think the prospect of a "topless" guidelines Booker fix is diminished if Democrats gain control of either or both houses of Congress. [read post]
30 Sep 2006, 9:17 pm by Anthony Colleluori
 It will still be a  matter of what judge you are before to determine how severe your sentence will be. [read post]
12 Sep 2006, 11:28 am
In what is certainly the best circuit decision on the issue, as well as the one most faithful to Booker, the 3rd Cir ruled in US v. [read post]