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19 May 2008, 8:55 am
Sanchez, No. 07-30578 Where, at the time of sentencing there is no guideline in effect for the particular offense of conviction, and the Sentencing Commission has promulgated a proposed guideline applicable to the offense of conviction, the district court's failure to consider the proposed guideline when sentencing the defendant may result in reversible plain error. [read post]
18 May 2008, 10:33 pm
Price    Western District of Tennessee at Jackson 08a0264n.06 Sanchez v. [read post]
13 May 2008, 1:35 pm
Genao-Sanchez, No. 05-1402 Sentence for drug conspiracy, conspiring to use a firearm in furtherance of a drug conspiracy, and aiding and abetting the commission of a crime, is vacated and remanded where: 1) the district court's failure to convene a new sentencing hearing deprived defendant the opportunity to argue his position both as to matters of fact relevant to sentencing, and as to the appropriate sentence to be imposed; and 2) thus, the error was prejudicial. [read post]
2 Apr 2008, 10:44 am
I can make my points about this case fairly concisely:(1) I always find it interesting when a judge wants to use a word other than "concurring" or "dissenting" or the like. [read post]
27 Mar 2008, 1:00 pm
For all others, the holding in the Bustillo portion of Sanchez-Llamas is and should remain the law. [read post]
26 Mar 2008, 5:37 am
S. state-court convictions and sentences, regardless of their failure to comply with state rules governing challenges to criminal convictions.In Sanchez-Llamas v. [read post]
25 Mar 2008, 2:09 pm
Justices Kennedy and Scalia in particular seemed indignant at the suggestion that they could ever be required to abide by a judgment of the ICJ, especially because that judgment was based on an interpretation of the Vienna Convention that the Court had rejected in Sanchez-Llamas v. [read post]
25 Mar 2008, 6:38 am
Today's Supreme Court decision in Medellin v. [read post]
12 Mar 2008, 12:52 pm
" [5] Harm, causation and intent are notably absent from this analysis, but have been read into the tort by various courts interpreting the law. [6] The tort has been further narrowed, perhaps out of fear that the average person could find themselves at risk for prosecution while engaging in routine gossip or that speech that should be protected constitutionally will become suspect. [7] An example of this concern can be found in the case of Florida Star v. [read post]