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January 30, 2005
The daily post-Booker sentencing anecdote round-up
In what is now becoming something of a daily feature (prior installments are here and here and here), below are brief reports and links to newspaper stories about post-Booker federal sentencings:
- This story from Montana reports on a child pornography case in which Chief US District Judge Donald Molloy imposed a sentence of 97 months' imprisonment, which apparently was within the applicable guideline range.
- This story from Kansas City reports on two lengthy prison sentences in serious racketeering case (although the guidelines' recommendations are not indicated).
In related news, this AP story from the past week discusses the struggles of judges as they sort out the meaning of Booker and all the post-Booker cases. This similar piece from Indiana provides a local look at the same issues.
January 30, 2005 at 08:50 AM | Permalink
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Comments
I am a defense attorney. Im wondering whether you think, depsite Breyer's comments, we should be raising the constitutionality of 18 usc 3553 before appellate/district courts? Thanks Kathleen Sweeney
Posted by: kathleen sweeney | Jan 31, 2005 7:53:47 AM
Jay Hurst, defense attorney. I'm curious exactly what you would challenge, Kathleen, about the statute's constitutionality. Generally speaking, I say if you have a good faith argument notwithstanding dicta, pitch it. It shortens the potential affidavit one supplies the inmate when inmate wants to file under 28:2255 for ineffective assistance. As we also see now, even "settled" points of law are wise to be preserved if a good faith attack exists.
Posted by: Jay | Jan 31, 2005 9:37:43 AM
Please let me know who can I
Call to help my husband, his
Attorney is not taking care his
case,, I research ever
ithing under Fanfan
and Blakely, I know
that rule 2255 is for
my husband and his
attorney is not doing anithig
anything for him.
Please invase what do
I need to or where do i
I need to go.
Thank you.
I'm auditor.
Posted by: Hilda J. Cardenas | Feb 1, 2005 10:38:20 AM
It is amazing, i was just realeased from federal prison, I am taking classes at Harvard now, and should have received a BOL of 6 for my fraud case, involving computer access device theft, but instead I went to level 17, because of role in the offense, special skills, number of victims, and the amount of loss...i was a stand up citizen and never had been in trouble with the law...blakely was passed June 4, and I got excited, very, because I also had a direct appeal, one in which my original attorney for sentencing, said was a joke, it is a waste of time, that was five months prior to Blakely. Now I am sitting waiting one yaer and three months on my appeal, as the First Circuit Court of Appeals has still not addressed the issue, or really given a stand..but eveidently it is plain error, but what really is sad, is that my attorney tells me, that it doesnt matter what the Supreme Court says, the district court judge, if the case is remanded, can still affirm the sentence. So then I ask you, what is the purpose of a Court to say that something is unconstitutional,and then that very sanctity of that ruling, is looked on as well, ambigous and vague. I don't really know what our forefathers had in their cerebrums, but one would think, that even during those times, that if something was against the doctrine of our country, than by all means, it was against the people who make up the heart of that country.
Where is fancy bred, in the heart or in the head?
If its unconstitutional, as far as enhancements go, it is not rocket science, what a sad country.
Posted by: k.p | Feb 14, 2005 4:16:14 PM
Hi,
I am so much happy about your contribution to the development of law education in the world. This website has been contributibg immenselly to the enhancement of law edutaion both here in Nigeria and Abroad please keep it up. i dont know if you can kindly get me a copy of the book containing all the information here on the website? if i could get that i would so much appreciate. looking forward to hearing from you as soon as possible.
Your faithfully,
Yomi Showemimo
(Student, from University of Lagos. Lagos, Nigeria.)
Posted by: Showemimo Olayomi Ismaeel | Jul 28, 2005 10:21:45 AM
i am about to be an undergraduate pls send me advice on how to follow my course law in the varsity in terms of providing txt book for me and how to purchase it pls help
thanks.
Posted by: mike egbo | Dec 12, 2005 1:44:43 PM
