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12 Nov 2007, 12:59 pm
A snippet from the paper's abstract follows: "In the two years since United States v. [read post]
6 Nov 2007, 4:33 pm
Booker," and here is the full abstract:In the two years since United States v. [read post]
31 Oct 2007, 12:27 pm
  Helpfully, this opinion provides this effective account of the state of Rule 32(h) after Booker in the course of articulating the First Circuit's approach: It appears that only the Seventh Circuit has held that Rule 32 no longer requires notice even for departures, having concluded that, after Booker, "the concept of departures [is] 'obsolete' and 'beside the point.'" United States v. [read post]
29 Oct 2007, 6:16 am
United States, 277 U.S. 438, 485 (1928)(Brandeis, J., dissenting).Download sutton_opinion.pdf [read post]
29 Oct 2007, 5:51 am
  The vote was 185 to 1 in favor of abolition, and the United States was the lone dissenter. [read post]
23 Oct 2007, 11:40 am
As noted in this prior post, a Sixth Circuit panel earlier this month indicated that all three members would strongly recommend" en banc review of the "important question" of "whether the continuing use of acquitted conduct as a sentencing enhancement violates United States v. [read post]
19 Oct 2007, 10:22 am
A defendant convicted of illegal re-entry and use of false identification got a reprieve from the draconian applicable Sentencing Guidelines last week in United States v. [read post]
17 Oct 2007, 1:01 am
Supreme Court in 2005 upended the federal sentencing guidelines in United States v. [read post]
11 Oct 2007, 1:20 pm
  Here is the abstract: The Supreme Court's decision in United States v. [read post]
8 Oct 2007, 8:38 am
Here is the abstract:Federal judges have struggled mightily to comprehend the meaning and impact of the Supreme Court's landmark sentencing decision in United States v. [read post]
7 Oct 2007, 5:14 pm
This case is on appeal from the district court's resentencing of Joseph Story in light of United States v. [read post]