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8 Nov 2023, 8:29 pm by Josh Blackman
On Tuesday, the Supreme Court heard oral argument in United States v. [read post]
25 Feb 2009, 1:41 pm
The primary issue before us is whether, in light of Cunningham v California (549 US 270 [2007]), this sentencing scheme violates Apprendi and defendant's due process and Sixth Amendment rights. [read post]
18 Dec 2006, 1:12 pm
" Judge Berzon, dissenting, begins her opinion this way: "The majority's peculiar interpretation of the word 'reasonableness' not only defies its common usage in the English language, but more importantly, runs contrary to what this court decided, sitting en banc, in United States v. [read post]
4 Sep 2009, 8:23 am
  In light of Chief Judge Easterbrook's concurrence, I also write to stress the importance of the presumption of prejudice afforded to a defendant who has been denied the opportunity to allocute, and to reiterate why the standard adopted in United States v. [read post]