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U.S. v. Horn, No. 3:01-cr-00142 (M.D.Tenn.) (590 F.Supp.2d 976) (December 16, 2008) (Judge Thomas A. Jr. Wiseman)

Here the Court held that the provisions of U.S.S.G. ยง 1B1.10(c) are unconstitutional, under the principles established in Booker and its progeny, to the extent they purport to dictate which Guideline amendments may be applied retroactively.

This is an important and potentially game-changing Guidelines decision that could dramatically expand the ...

 

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