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10 Sep 2007, 10:01 am
The Third Circuit today issued two lengthy sentencing opinions discussing two different aspects of post-Booker sentencing procedures. [read post]
24 Jul 2019, 3:41 pm by Kent Scheidegger
A reporter at NJ.com told Eugene that he just reported Senator Booker's statement. [read post]
1 May 2015, 8:12 am by Tom Smith
“Wolf Hall,” the Man Booker Prize-winning historical novel about the court of Henry VIII — and most dramatically, the conflict between Thomas Cromwell and Sir Thomas More — is now a TV series (presented on PBS). [read post]
21 Nov 2008, 1:24 pm
Anyone following the post-Booker jurisprudence surrounding reasonableness review cannot help but ponder the nature and value of appellate review of sentencing decisions. [read post]
20 Dec 2007, 11:04 pm
Dec. 20, 2007):Post- Booker, the courts of appeals have struggled with the question of whether to continue to review supervised release revocation sentences under the "plainly unreasonable" standard or to apply the Booker "unreasonableness" review standard to such cases. [read post]
22 Mar 2007, 9:23 am
In Booker the Supreme Court told us that the Guidelines were but one factor to be considered in deciding the sentence. [read post]
28 Jul 2005, 10:20 pm
Professor Berman was right on this one in that DOJ has sought panel rehearing on the issue of whether the district court can consider disparities between federal and state sentences in the post-Booker world. [read post]
11 Dec 2007, 11:51 am
  I have argued in a number of recent articles (such as "Tweaking Booker... [read post]
27 Mar 2007, 1:29 pm
  The articles in this Issue, some of which directly address federal sentencing realities in Booker's wake and some of which address broader issues concerning the operation of guideline systems, provide varied perspectives on whether and how Claiborne and Rita could impact the current state and future direction of post-Booker federal sentencing. [read post]
3 Sep 2008, 4:03 pm
Archuleta, 412 F.3d 1003, 1007 (8th Cir. 2005) ("Nothing in Booker changes the interpretation of McMillan in our post-Apprendi cases. [read post]
20 Dec 2006, 9:16 am
  But no one should lose sight of all the good post-Booker work still being done in the district courts. [read post]
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]
15 Nov 2007, 10:12 am
As noted in prior posts here and here and here, the Sixth Circuit is currently considering en banc review of the continuing use of acquitted conduct as a sentencing enhancement after Booker in the wake of a panel's notable per curiam ruling in US v. [read post]
31 Oct 2006, 11:35 am
In Vonner (discussed here and here and here), the Sixth Circuit has decided to consider en banc its approach to post-Booker reasonableness review. [read post]
29 Oct 2006, 10:06 am
On Vonner, the en banc Sixth Circuit reasonableness case "Today's [Booker] opinion from Judge Posner is so truly bizarre and harmful that it took my breath away. [read post]
17 Apr 2009, 1:35 pm
Consequently, I  am pleased to see this new student note on the issue, titled "Defending Demaree: The Ex Post Facto Clause's Lack of Control Over the Federal Sentencing Guidelines after Booker. [read post]
16 Feb 2009, 5:19 am
District and appellate courts after Booker and Gall are "like Hansel and Gretel, looking for the now-missing breadcrumbs that would lead us back to clarity in sentencing. [read post]
11 Oct 2006, 5:57 am
  On appeal, the Second Circuit remanded the case for resentencing pursuant to Booker and Crosby. [read post]
30 Apr 2005, 11:07 am
The case on appeal was decided on August 30, 2004, but there is no mention of Blakely or Booker. [read post]