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4 Sep 2007, 7:00 pm
The Court points out, in a footnote, that while the judge may have a "sincerely held policy disagreement" with the weight of a sentence called for by the Guidelines, "policy disagreements are not a basis for bypassing the Guidelines," citing United States v. [read post]
31 Aug 2007, 6:18 pm
Fifth Circuit, and was going to leave this case for another day, but since I won't be posting until Tuesday, I may as well say what I have to say today. [read post]
22 Aug 2007, 6:26 pm
This is a fear that is only furthered by the Supreme Court's decision in Rita, which now encourages and insulates a within-guideline sentence. [read post]
21 Aug 2007, 5:55 am
Aug. 20, 2007) (available here) suggests that the Circuit still has a tendency to view sentences of probation as presumptively unreasonable, even though the Supreme Court in Rita stressed that circuits may not apply such a presumption to non-guideline sentences. [read post]
16 Aug 2007, 1:36 pm
The sentencing courts are to consider the relevant § 3553(a) factors, the advisory Guideline range, and any other nonfrivolous arguments that each side may make, and indeed, may use the Guidelines as an advisory resource. [read post]
10 Aug 2007, 7:11 am
Selected federal documents below from Gallery Watch.com may include references to government reporrts, Congressional letters, draft bills, and other primary source materials. [read post]
8 Aug 2007, 7:05 am
" Rita v. [read post]
6 Aug 2007, 11:43 am
Rita, decided 8-1, saw Justice Souter acting as the lone dissenter. [read post]
30 Jul 2007, 8:02 am
Gates (06-1169), a challenge to the war crimes military commissions, and Rita v. [read post]
29 Jul 2007, 6:32 pm
Gates (No. 06-1169), a war crimes commission case, and Rita v. [read post]
23 Jul 2007, 10:41 am
" Rita at *9. [read post]
21 Jul 2007, 8:28 am
May 19, 2006); Eisenberg v. [read post]
17 Jul 2007, 11:17 am
Libby Commutation update: Scotus Blog reports Victor Rita's lawyer is seeking a review in the Supreme Court. [read post]
12 Jul 2007, 1:59 pm
" In a lengthy footnote at the beginning of his opinion, the judge defended that sentence, relying in part upon the Supreme Court's decision June 21 in the case of Rita v. [read post]
10 Jul 2007, 12:53 pm
I am still waiting for some circuit to issue a major Rita ruling (and perhaps I may have to wait forever). [read post]
9 Jul 2007, 10:33 pm
My criticism may be premature, particularly if multiple hearings are going to be held. [read post]
4 Jul 2007, 6:02 am
(Mich.) announced a hearing for next week to explore what he called "'the presidential authority to grant clemency and how such power may be abused.'" TalkLeft, which has lots and lots of Libby commentary, links to this source reporting that the hearing will be held next Wednesday, July 11, at 10:15am and will be entitled "The Use and Misuse of Presidential Clemency Power for Executive Branch Officials. [read post]
28 Jun 2007, 10:12 pm
Though I am still awaiting (and may wait a long time for) a blockbuster post-Rita opinion from the circuit courts, the Seventh Circuit on Thursday provided this effective brief account of the Rita decision in US v. [read post]
28 Jun 2007, 4:19 am
" Especially after Rita, I do not think this is legally accurate, but judges may well feel it is practically accurate in light of some post-Booker circuit precedents. [read post]
27 Jun 2007, 2:23 pm
In Rita v. [read post]
