Search for: "BOOKER STEVENS" Results 1 - 20 of 151
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17 Jun 2010, 4:29 pm by brian
Stevens, J., dissenting " ... [read post]
14 Jun 2010, 1:32 pm by Erin Miller
Booker, the Court has held that the right to jury trial applies to any fact that, even if not designated by the legislature as part of the crime, exposes a criminal defendant to increased punishment. [read post]
21 Jun 2010, 6:22 am by Patrick Scanlon - Guest
In a lengthy dissent, Justice Stevens conceded that Dillon has no constitutional right to a sentence reduction under Section 3582(c)(2), but he would have held that Booker’s remedial holding does indeed apply to Section 3582(c)(2) proceedings because Booker abolished a “fixed, determinate sentencing regime based on mandatory Guidelines. [read post]
11 Nov 2010, 9:20 pm by landuseprof
Steven Malanga of the always-interesting City Journal has published The Next Wave of Urban Reform: Mayors Cory Booker and Dave Bing fight to save two of America's most distressed cities. [read post]
30 Jul 2008, 8:50 pm
  Of course, under the guidelines, age is considered "not ordinarily relevant," but after Booker some judges may take it into account, especially when combined with health issues (which the guidelines also consider "not ordinarily relevant"). [read post]
10 Dec 2007, 7:36 am
Though the Kimbrough decision may garner more attention because of the historical controversies over crack sentencing, the Gall decision likely will be the most consequential for post-Booker sentencing realities. [read post]
22 May 2007, 1:03 pm
  (After all, these two Justices combined for four opinions in Booker). [read post]
15 Aug 2008, 6:42 pm
Aug 15, 2008) (available here), Circuit Judge Steven Colloton expresses concerns about sentencing disparity in the post-Booker world and urges Congress to do something about it. [read post]
14 Jan 2009, 10:29 am
  But Justice Stevens had never before shown any squishiness or squeamishness about giving full effect to the Sixth Amendment jury trial rights he championed in his Apprendi and Booker opinions for the Court. [read post]
19 Jul 2019, 10:18 am by Paul Clement
If you look at Justice Stevens’ dissent in that case, you can identify all of the basic elements of the reasoning in the Apprendi-Blakely-Booker line of cases, three years before and four votes shy of his majority opinion in Apprendi. [read post]
5 Mar 2007, 3:49 am
Though the details presented by this New York Daily News article are sketchy, it appears that a federal judge in New York has relied in part on a defendant's weight loss to impose a lower term in a Booker resentencing. [read post]
12 Jan 2005, 3:04 am
[JURIST] In addition to its long-awaited sentencing ruling in Booker [JURIST report], the US Supreme Court Wednesday handed down two immigration-related decisions. [read post]
19 Jul 2021, 10:38 am by Brad Schnure
After New Jersey’s United States Senators weighed-in on Tri-State dispute with New York over billions in federal transportation aid, State Senator Steven Oroho called on Senator Cory Booker and Senator Bob Menendez to join the fight against our neighbor’s unfair taxation of remote workers from the Garden State. [read post]
28 Oct 2008, 3:35 pm
In separate opinions in recent years, Justice Stevens has suggested that he might like to overrule the Harris decision allowing judges to find facts triggering mandatory minimum sentence, and Justices Scalia and Thomas have indicated in various ways their concerns about the preservation of Sixth Amendment principles in the application of the Booker remedy. [read post]