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1 Mar 2007, 7:54 am
Mar. 1, 2007) (Jacobs, Sack, Oberdorfer) (per curiam): This opinion follows the Rattoballi line of cases, which emphasize the continuing centrality of the Guidelines in sentencing despite Booker. [read post]
27 Mar 2009, 7:53 am
The Third Circuit rejected the idea and held that the requirements for a sentence reduction under § 3582(c) remain unchanged in light of Booker and Kimbrough. [read post]
27 Aug 2008, 11:46 am
Booker did not cast constitutional doubt on statutory mandatory minimums. [read post]
17 Oct 2007, 11:32 am
Booker and possible Booker fixes, crack sentences, mandatory minimums, federal death penalty policy, lethal injection litigation, extreme sentences for white-collar and non-violent offenses and national sex offender policies all seem like topics very worthy of exploring with the likely next AG. [read post]
22 Apr 2008, 8:55 am
§ 3582(c). [read post]
23 Jun 2015, 2:09 pm
,” Act, subsection (c)(7). [read post]
12 May 2009, 10:16 am
Judge Booker wrote the opinion of the court.The majority framed the issue as "whether an accused service member, in asserting an affirmative defense of consent, must disprove whether a victim is 'substantially incapable of communicating unwillingness to engage in the sexual act,' Article 120(c)(2)(C), in order to be acquitted. [read post]
21 Feb 2017, 8:29 am
Booker recast the federal sentencing guidelines as “effectively advisory. [read post]
11 Aug 2007, 7:50 am
Booker, 2007 U.S. [read post]
16 Jun 2008, 6:25 am
§ 924(c) offense. [read post]
9 Mar 2007, 9:40 am
., William C. [read post]
17 Jan 2005, 5:22 am
Post-Booker, with Section 3553(b) gone, we still have the remaining subsections of 3553 to deal with. [read post]
25 Sep 2009, 6:08 am
The defendant had an 11(c)(1)(C) plea rejected by the court. [read post]
24 Jun 2009, 4:17 am
Remember in the days post-Booker when appeals from pre-Booker sentencings still were percolating? [read post]
24 Jul 2019, 10:10 am
§ 1962(c) and (d); of participating in a narcotics conspiracy, 21 U.S.C. [read post]
23 Aug 2010, 7:18 am
The instant case required the panel to decide Booker’s impact (if any) on the Court's jurisdiction to hear an appeal from a district court’s decision to reduce (or decline to reduce) a final sentence under § 3582(c)(2) and/or Rule 35(b). [read post]
4 Dec 2013, 3:42 pm
Firstly, the Mostyn J judgment authorising the c-section. [read post]
8 Sep 2013, 8:28 am
“As applied in this case, the pertinent inquiry is whether the reasoning or theory of [the Supreme Court’s decision in Dillon] regarding the extension of Booker to § 3582(c)(2) proceedings is clearly irreconcilable with [the Ninth Circuit’s earlier] decision in Colson[permitting appellate review of § 3582(c)(2) proceedings in their entirety]. [read post]
6 Jun 2020, 6:20 am
We can and must do better....At the link — the heated response from Senators Kamala Harris and Cory Booker. [read post]
25 Jun 2010, 8:16 am
Booker, 543 U.S. 220 (2005) – but rather are limited to the specific reduction permitted by the Sentencing Commission’s relevant policy statement. [read post]
