Search for: "*watts v. Booker"
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25 Jan 2007, 8:23 am
On appeal, defendant argued that Apprendi and Booker effectively overruled Watts. [read post]
30 Apr 2005, 11:07 am
Watts, 519 U.S. 148 (1997), which upheld an increased sentence for the defendant based on acquitted conduct, in light of its recent decision in Booker. [read post]
23 May 2007, 7:13 am
We believe that this argument is foreclosed by Watts v. [read post]
14 Nov 2007, 6:24 pm
Booker, 543 U.S. 220 (2005). [read post]
22 Jan 2007, 12:01 pm
" Pretty powerful stuff.In the end, I think that Judge Fernandez probably correctly predicts what the Supreme Court would hold; namely, that Watts survives Booker. [read post]
15 Nov 2007, 10:12 am
As noted in prior posts here and here and here, the Sixth Circuit is currently considering en banc review of the continuing use of acquitted conduct as a sentencing enhancement after Booker in the wake of a panel's notable per curiam ruling in US v. [read post]
17 Jul 2009, 9:36 am
Booker, 543 U.S. 220, 240 (2005), the Supreme Court correctly characterized United States v. [read post]
18 Jan 2008, 1:44 pm
In United States v. [read post]
14 Oct 2014, 9:37 am
First, the defense bar had its crack at this issue in Booker. [read post]
27 May 2009, 2:19 pm
New York (as well as more recent variations on Williams in McMillian and Watts). [read post]
21 Oct 2014, 2:22 pm
Watts, 519 U.S. 148 (1997). [read post]
18 Mar 2011, 11:35 am
Watts, 519 US 148 (1997), and Booker, the Supreme Court has made it clear that considering acquitted conduct is proper. [read post]
15 Jan 2009, 3:39 am
Of course, Watts preceded the Apprendi/Blakely/Booker line of cases, in which the Court held the ‘statutory maximum' for Apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant. [read post]
27 Apr 2018, 3:23 am
Booker. [read post]
19 Mar 2014, 6:38 am
In United States v. [read post]
28 Jan 2007, 8:34 pm
In his Mercado, Judge Fernandez sells the status quo: Watts survived Apprendi, and acquitted conduct can be used at sentencing despite Booker. [read post]
24 Jan 2007, 10:18 pm
The majority simply relied on the Supreme Court opinion in Watts, which the Booker majority specifically found did not address the relevant constitutional issues, and the other Circuits' adherence to use of acquitted conduct to increase sentences. [read post]
18 Mar 2014, 7:43 am
Circuit case is U.S. v. [read post]
20 Mar 2011, 8:14 am
In United States v. [read post]
19 Jul 2019, 10:18 am
New Jersey and Clinton v. [read post]
