Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines"
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28 Aug 2008, 2:15 pm
Duhon, No. 05-30387 On remand from the Supreme Court, sentence of probation for possessing child pornography is affirmed over the government's objections that: 1) the district court's failure to apply enhancements requested by the government was reversible error; 2) consideration of the disparity between defendant's and co-defendant's sentences was plain error; 3) the sentencing guidelines precluded sentencing defendant to probation;… [read post]
5 Feb 2008, 8:11 am
Abad, No. 06-0338 Conviction for armed robbery and murder is affirmed based on primary holding that defendant's claim under the Speedy Trial Act, 18 U.S.C. section 3162, is barred by the Act's waiver provision, and not subject to review for plain error under Federal Rule of Criminal Procedure 52(b). [read post]
29 Mar 2018, 7:01 am
United States, which depended heavily upon the distinction between advisory and mandatory sentencing schemes, the residual clause of the mandatory sentencing guidelines is unconstitutionally vague. [read post]
6 Apr 2018, 1:21 pm
United States, in which the Supreme Court invalidated the Armed Career Criminal Act’s residual clause as unconstitutionally vague, identical language in the residual clause of the previously-mandatory sentencing guidelines is likewise unconstitutional. [read post]
17 Jun 2016, 12:00 pm
We’re accepting wagers on what the Court will do with these two rehearing petitions at the fast-approaching end of the Term. [read post]
4 Sep 2007, 2:47 am
Floyd, No. 06-1513 A sentence for offenses arising from a conspiracy to distribute crack cocaine and cocaine powder is vacated and remanded where the manner by which the district court reduced defendant's prior sentence of 48 months to a new sentence of 42 months was inconsistent with proper sentencing procedure, and it should have considered a departure from the calculated range of 41 to 51 months, not from the vacated 48-month sentence. [read post]
10 Jun 2016, 9:32 am
Florida and Atkins v. [read post]
21 Jan 2011, 8:03 pm
In re Fidler ,(Bkrtcy.D.Nev.) [read post]
5 Aug 2010, 1:07 pm
Ciavarella[17] pulls no punches: With utter disdain for the rule of law, defendants Mark A. [read post]
4 Aug 2008, 7:06 pm
Reyeros, No. 06-1485, 06-1486 Convictions and sentence for conspiracy to import cocaine are affirmed where: 1) there was sufficient evidence that defendant knew the specific object of the conspiracy; 2) documents in the possession of a foreign sovereign and never seen by the government were not subject to Brady or Jencks disclosure; 3) there was no individual or cumulative unfairness in the court's rulings on a motion to sever, evidentiary questions, or alleged prosecutorial… [read post]
27 Jun 2017, 1:48 pm
” In that case, a state habeas court had ruled that Bobby Moore could not be sentenced to death because he was intellectually disabled, but the Texas Court of Criminal Appeals concluded that the habeas court had “erroneously employed intellectual-disability guides currently used in the medical community rather than the 1992 guides adopted by the CCA in [a prior case]. [read post]
18 May 2018, 8:02 am
Circuit’s 2-1 ruling granting the IFC immunity over the concurrence (really, dissent) of Judge Cornelia Pillard. [read post]
23 Feb 2018, 4:07 am
” After issuing decisions, the justices heard oral arguments in two criminal-procedure cases. [read post]
16 Feb 2016, 10:26 am
” You’re not funny, just offensive. [read post]
22 Jun 2018, 11:41 am
The ruling is important for two reasons. [read post]
10 Jan 2017, 12:35 pm
The panel also reversed the district court’s decision to give one of the defendants a 208-month-below-guidelines sentence. [read post]
10 Jul 2018, 6:21 pm
Florida. [read post]
5 Oct 2011, 4:53 pm
As long as we’re talking about constitutional criminal procedure, Blueford v. [read post]
15 Feb 2018, 4:41 pm
Because HIPAA Privacy Rule criminal violations are Class A Misdemeanors or felonies, Covered Entities and business associates should include HIPAA compliance in their Federal Sentencing Guideline Compliance Programs and practices and need to be concerned both about criminal exposure for their own direct violations, as well as imputed organizational liability for violations committed by their employees or agents under the Federal Sentencing… [read post]
28 Jun 2012, 1:42 pm
Florida v. [read post]
