Search for: "In re Kimbrough"
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1 Jan 2009, 4:57 am
In August, Hill lost a bid for re-election to attorney Kem Kimbrough and put his Riverdale house on the market for $295,900. [read post]
1 Dec 2008, 9:18 pm
Embassies in East Africa, No. 011535, 011550, 011553, 011571, 056149, 056704 Judgments of convictions for offenses arising from involvement in an international conspiracy, led by Osama Bin Laden and organized through the al Qaeda terrorist network, to kill American citizens and destroy American facilities across the globe are affirmed and remanded for re-sentencing where: 1) the indictment was sufficient to support a conviction of a capital offense; 2) sufficient evidence supported the… [read post]
17 Nov 2008, 6:39 pm
(Substituted opinion) U.S. 9th Circuit Court of Appeals, November 13, 2008 In re: Gallaher, No. 07-74593 In a criminal appeal arising from a district court's refusal to accept a conditional guilty plea, a petition for writ of mandamus challenging the refusal is denied but the matter is remanded for reassignment to a new judge to reconsider the conditional plea where: 1) under Fed. [read post]
4 Nov 2008, 9:16 pm
While we all await election results, I though it might be fun to recommend some timely and timeless older sentencing literature from SSRN, all of which that seems worth reading (or re-reading) during the upcoming transition period. [read post]
20 Oct 2008, 6:46 pm
., No. 07-10689 Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court's statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. [read post]
28 Aug 2008, 2:15 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
13 Aug 2008, 9:15 pm
")....Because these issues go right to the heart of what federal sentencing review now means and requires, I thought this fresh post might foster a focused blog discussion on whether it is inappropriate for circuit courts to establish "inappropriate sentencing factors" as part of reasonableness review after Gall and Kimbrough. [read post]
21 Jul 2008, 9:14 pm
U.S. 2nd Circuit Court of Appeals, July 18, 2008 In re Sims, No. 06-0644 In an inmate's 42 U.S.C. section 1983 action alleging excessive force, inmate's petition for writ of mandamus challenging an order requiring him to produce his mental health records is granted because: 1) a plaintiff does not forfeit the psychotherapist-patient privilege merely by asserting a claim for injuries that do not include emotional damage, or by stating that he suffers from depression or anxiety for… [read post]
21 Jul 2008, 5:10 pm
And Kimbrough strongly suggests that courts can and should look to research reports by the Sentencing Commission when deciding whether and when and how to vary from the guidelines. [read post]
10 Jun 2008, 2:36 pm
However, defendants' sentences are remanded for reconsideration on the issue of the crack/powder cocaine disparity in light of Kimbrough. [read post]
13 May 2008, 1:35 pm
Orsburn, No. 07-2584, 07-2585 Convictions for mail fraud are affirmed, but the sentences vacated and the case remanded for re-sentencing where the trial court applied the wrong Guidelines sentence when it concluded that embezzling money from the government fell under section 2C1.1 of the Guidelines which covers frauds that incl [read post]
20 Apr 2008, 1:26 am
" Id. at *3.Happily for AUSA Morgan-Kelly, she's now 3,000 miles away and won't return for Grissom's re-sentencing. [read post]
14 Apr 2008, 11:34 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
8 Apr 2008, 9:47 am
Gomez-Herrera, No. 07-10153 A sentence for illegal reentry following removal is affirmed over a primary claim that Kimbrough v. [read post]
30 Mar 2008, 10:30 pm
Re (Yale Law School) has posted Re-Conceptualizing Booker: How to Stop Legislatures from Circumventing the Right to Jury Trial on SSRN. [read post]
13 Mar 2008, 8:27 am
Furthermore, as this is a limited remand to permit the district court to reconsider the § 3553(a) factors in light of the Supreme Court's holding in Kimbrough, Stratton may not re-argue other issues already decided or necessarily decided during his two prior sentencings that either were affirmed on direct appeal or could have been, but were not, raised by him during his direct appeals.... [read post]
11 Mar 2008, 8:46 am
Regalado, No. 05-5739 Sentence based on guilty plea to conspiring to distribute and possess with intent to distribute cocaine base is vacated as it is unclear in light of Kimbrough v. [read post]
4 Mar 2008, 12:31 pm
United States, 128 S.Ct. 586, 597 (2007), which found an improper Guidelines calculation a "serious procedural error" and Kimbrough v. [read post]
27 Jan 2008, 6:56 am
Sentencing judges can be divided into two groups-those who are damn sure they're right and those (like me) who have no clue. 1. [read post]
22 Jan 2008, 11:47 am
Peters, No. 05-6101 "A sentence imposed on remand for offenses arising out of a tax fraud scheme is reversed and remanded for re-sentencing where the district court's failure to address defendant's "time-served" argument did not satisfy the "procedural reasonableness" requirement required by Supreme Court precedent. [read post]
