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16 Jun 2007, 9:37 am
United States, No. 06-6330, justifiably received a lot of attention (see here) because it appears that SCOTUS is finally going to get involved in the long-standing debate over crack sentencing (which has hit new heights since Booker). [read post]
11 Jun 2007, 1:41 pm
Booker, 543 U.S. 200 (2005), it is appropriate to require district courts to justify a deviation from the United States Sentencing Guidelines with a finding of extraordinary circumstances. [read post]
6 Jun 2007, 2:09 pm
For these two purposes, it makes no difference that Cunningham focuses on a state sentencing law instead of the federal advisory sentencing guidelines. [read post]
3 Jun 2007, 4:02 am
According to DOJ's press release (June 1), the law would:Double the penalty for transferring a firearm that will be used to commit a crime of violence or drug trafficking offense;increasethe maximum penalty under the general conspiracy statute;amend the "armed career criminal statute to create a tiered penalty approach for felons with prior drug trafficking or violent felony convictions;"lengthen the statute of limitations for violent crimes and terrorism-related crimes;"create a… [read post]
28 May 2007, 5:14 pm
Justice Ruth Bader Ginsburg wrote the lone dissenting opinion, in which she stated that she knew the correct decision was either yes or no, but couldn't say which one it should be.The entire article is a fun read, and the last sentence suggests that the author was familiar with Justice Ginsburg work in Booker. [read post]