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May 6, 2005

Reconsidering and resentencing

I noted in this post discussing Judge Posner's curious comments in Goldberg that there are many uncertainties in the post-Booker world about what exactly can and should happen during a post-Booker resentencing following a circuit remand.  And today I see a decision from a district court, US v. Gabriel, No. 02-216 (D.D.C. May 4, 2005) (available here) which confirms this reality.

Gabriel has a long appellate history — the case is one of the 688 cases that the Supreme Court has GVRed on Booker grounds — and the specifics are too intricate to summarize.  But the decision effectively spotlights that the "law of resentencing" was complicated and contested even before Booker.  And now Booker pipeline cases have taken these issues to a whole new level.

May 6, 2005 at 11:42 AM | Permalink

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Comments

HI I AM A WIFE OF A MAN WHO WAS SENTENCED WHEN HE WAS 18 FOR A CRIME THAT HE WAS INVOLVED IN 2 YEARS PREVIOUS. HE WAS OLD ENOUGH THEY SAID TO BE TRIED AS A MAN FOR BEING INVOLVED IS THERE ANY WAY WE HAVE A CHANCE AT HAVING SOMEONE SHORTING HIS SENTENCE OR AT LEAST TAKEN OFF THE LIFE HE HOLDS ON HIS NAME NOW? I HAVE BEEN SEARCHING FOR SOMEONE TO BE ABLE TO HELP ME IN THIS MATTER. IF NOT IN THE RESENTENCING THEN HOW CAN WE GO UP FOR PAROLE. I BELIEVE HE DESERVES THE CHANCE TO GIVE BACK TO THE COMMUNITY AND BE OUT AFTER ALL THIS WAS A CRIME IN WHICH A YOUNG MAN WAS IN THE WRONG PLACE, WRONG TIME AND WAS SENTENCED AS A COLD HEARTED MURDER WHICH WAS NEVER THE CASE. IF YOU CAN GIVE ME SOME KIND OF ADVICE ON WHICH STEPS TO START TAKING IT WOULD BE APPRECIATED.

Posted by: NEECHELLE HURN | May 14, 2007 12:40:46 AM

I AM A TEMPORARY RELEASED INMATE OUT OF FULTON CORRECTIONAL FACILITY. IN ATTEMPTS TO ACCLIMATIZE MYSELF TO SOCIETY, I AM TRYING TO GET BACK MY IDENTITY. ALL OF MY IDENTIFICATION HAS BEEN DESTROYED SINCE MY PRISON TERM THAT BEGUN IN 2005. NOW THE SOCIAL SECURITY SYSTEM MAKES IT NEARLY IMPOSSIBLE FOR ME TO OBTAIN MY SOCIAL SECURITY CARD BECAUSE ALL I HAVE IS A STATE TEMPORARY RELEASE IDENTIFICATION. MOREOVER, WITH THE STARVED JOB MARKET, THIS LACK OF OR UNRULY FORM OF ID I HAVE MAKES IT THAT MUCH MORE DIFFICULT TO SEEK EMPLOYMENT BECAUSE ACROSS THE TOP OF THE ID IN BOLD BRIGHT RED LETTERS IT SAYS " INMATE ". WHAT CAN I DO ABOUT THIS ISSUE MANY FORMERLY INCARCERATED PERSONS FACE IN EFFORTS TO RECLAIM THERE INDIVIDUALITY AND FREEDOM?. THANK YOU FOR YOUR TIME

CARTIER ARCHER DIN # 06R1096 NYSDOCS.

Posted by: CARTIER ARCHER | Mar 11, 2009 8:57:31 PM

I AM A TEMPORARY RELEASED INMATE OUT OF FULTON CORRECTIONAL FACILITY. IN ATTEMPTS TO ACCLIMATIZE MYSELF TO SOCIETY, I AM TRYING TO GET BACK MY IDENTITY. ALL OF MY IDENTIFICATION HAS BEEN DESTROYED SINCE MY PRISON TERM THAT BEGUN IN 2005. NOW THE SOCIAL SECURITY SYSTEM MAKES IT NEARLY IMPOSSIBLE FOR ME TO OBTAIN MY SOCIAL SECURITY CARD BECAUSE ALL I HAVE IS A STATE TEMPORARY RELEASE IDENTIFICATION. MOREOVER, WITH THE STArVED JOB MARKET, THIS LACK OF OR UNRULY FORM OF ID I HAVE MAKES IT THAT MUCH MORE DIFFICULT TO SEEK EMPLOYMENT BECAUSE ACROSS THE TOP OF THE ID IN BOLD BRIGHT RED LETTERS IT SAYS " INMATE ". WHAT CAN I DO ABOUT THIS ISSUE MANY FORMERLY INCARCERATED PERSONS FACE IN EFFORTS TO RECLAIM THERE INDIVIDUALITY AND FREEDOM?. THANK YOU FOR YOUR TIME

CARTIER ARCHER

Posted by: CARTIER ARCHER | Mar 11, 2009 8:58:21 PM

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