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Ninth Circuit panel continues using Kisor deference analysis for guideline commentary after Loper Bright
26 Aug 2024, 3:06 pm by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
SCOTUS summarily reverses grant of summary judgment to police in excessive force suit
5 May 2014, 7:33 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Interesting Seventh Circuit discussion of rehabilitation considerations as part of imposition of prison term
26 Aug 2023, 11:54 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Interesting Eight Circuit panel ruling rejecting district judge's refusal to dismiss counts in plea process
7 Aug 2022, 7:58 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Ninth Circuit explains why disappearing does not get one out of a plea agreement or a mandatory minimum sentence
4 May 2016, 3:38 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Split Indiana Supreme Court finally rules that forfeiture of Tyson Timbs' Land Rover driven to small drug deal was constitutionally excessive
11 Jun 2021, 6:22 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Lots of interesting post-Booker guideline talk as federal defendant gets another sentencing win from SCOTUS
20 Apr 2016, 7:28 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Seventh Circuit panel affirms above-guideline drug sentence ... with Judge Posner suggesting USSC involvement would be better than a sentencing "hunch"
6 Jan 2017, 1:12 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
US District Judge Bennet details flaws in career offender guideline in yet another potent opinion
4 Feb 2013, 10:44 am by Doug B.
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
SCOTUS back to work with remarkable split habeas ruling giving capital defendant another (long-shot?) chance to obtain relief
8 Jan 2018, 7:13 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Notable ruling on meth sentencing guidelines by a notable federal sentencing judge
28 Dec 2022, 8:29 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Will the FIRST STEP Act's crack retroactivity provisions result in many reduced sentences beyond those serving mandatory-minimum terms?
25 Jan 2019, 7:47 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Fascinating SCOTUS per curiam summary opinion stresses that Eighth Amendment still limits victim testimony in capital cases
11 Oct 2016, 7:07 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Debate over FIRST STEP Act safety value expansion — and whether "and" means "or" — now scheduled for first SCOTUS argument for OT23
17 Jul 2023, 6:32 am by Douglas A. Berman
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Sentencing Law and Policy - https://sentencing.typepad.com/sentencing_law_and_policy/
Reversing state precedent, Florida Supreme Court cuts back on reach of SCOTUS Sixth Amendment capital ruling in Hurst
24 Jan 2020, 10:24 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Intriguing (failed) effort to assail juve predicate for severe ACCA term
11 Feb 2013, 2:08 pm by Doug B.
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Sixth Circuit panel finds district judge gave insufficient justification for not reducing crack sentence after congressional reductions
16 May 2020, 1:58 pm by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Via 6-2 vote, SCOTUS upholds broader interpretation of child-porn mandatory minimum provision
1 Mar 2016, 7:26 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
An amusing shout-out for the US Sentencing Commission's guideline simplification efforts
6 Jul 2017, 9:34 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
Fifth Circuit reverses computer filter lifetime supervised release condition for sex offender
15 Jan 2015, 6:29 am by Douglas A. Berman
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Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/