Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)
Loaded on March 1, 2005
published in Punch and Jurists
March 14, 2005
Filed under:
Retroactivity,
Punch And Jurists.
Here the Court ruled that Booker does not apply to any cases that became final before January 12, 2005, the day Booker was decided. The Court reasoned that Booker was a "new" rule (i.e., it was not "dictated by" either Apprendi or Blakely); (2) it was a procedural - rather ...
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More from this issue:
- Guzman v. U.S., No. 03-2446-pr (2nd Cir.) (404 F.3d 139) (April 8, 2005) (Judge Dennis G. Jacobs)
- U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (354 F.Supp.2d 939) (January 3, 2005) (Judge Mark W. Bennett)
- Abdul-Malik v. Hawk-Sawyer, No. 04-3877-pr (2nd Cir.) (403 F.3d 72) (April 5, 2005) (Judge Dennis G. Jacobs)
- U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore)
- U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald)
- U.S. v. Smith, No. 03-13639 (11th Cir.) (402 F.3d 1303) (March 18, 2005) (Judge Gerald B. Tjoflat)
- U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster)
- Johnson v. U.S., No. 03-9685 (U.S. Supreme Court) (544 U.S. 295; 125 S.Ct. 1571) (April 4, 2005) (Justice Souter)
- U.S. v. Coles, No. 03-3113 (D.C. Cir.) (403 F.3d 764) (April 8, 2005) (Per Curiam)
- U.S. v. Dunmire, No. 04-3002 (10th Cir.) (403 F.3d 722) (April 5, 2005) (Judge Monroe G. McKay)
- U.S. v. Hanhardt, No. 00 CR 853-1 (N.D.Ill.) (353 F.Supp.2d 957) (December 7, 2004) (Judge Charles R. Sr. Norgle)
- U.S. v. Gonzalez-Huerta, No. 04-2045 (10th Cir.) (403 F.3d 727) (April 8, 2005) (Judge Deanell R. Tacha)
- Hayes v. Brown, No. 99-99030 (9th Cir.) (399 F.3d 972) (March 7, 2005) (Judge Sidney R. Thomas)
- Murillo v. Frank, No. 04-2202 (7th Cir.) (402 F.3d 786) (April 1, 2005) (Judge Frank H. Easterbrook)
More from these topics:
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, Oct. 1, 2024. Sex Offender Registration, Retroactivity.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, Feb. 15, 2024. Retroactivity, Murder/Felony Murder.
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, Oct. 1, 2023. Retroactivity, U.S. Sentencing Guidelines, Resentencing.
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, April 15, 2023. Retroactivity.
- Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, Feb. 15, 2023. Retroactivity, U.S. Sentencing Guidelines, Compassionate Release.
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, Sept. 15, 2022. Retroactivity, Burden of Proof.
- California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), Aug. 15, 2022. Retroactivity, Mental Health, Reliance on Psychologist's Report.
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, Feb. 15, 2022. Retroactivity, Sex Offender Registration and Notification Act.