Here the Court held that provisions of the Feeney Amendment allowing for fast-track sentencing did not create a constitutionally improper impled delegation of congressional power to the Attorney General.

The defendant in this case was charged with the crime of arson. At trial he raised the affirmative defense of insanity. During deliberations, the jury asked whether it could convict if it found the defendant guilty of the charge but was not unanimous on the question of the defendant’s sanity. ...

U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy)
U.S. v. Cardwell, 433 F.3d 378 (4th Cir. Dec. 30, 2005) (Judge Williams)
U.S. v. Hankton, 432 F.3d 779 (7th Cir. Dec. 29, 2005) (Judge Coffey)

In the eyes of many, the sentencing revolution that was expected ...

In another case that shows the plethora of definitions of crimes of violence and violent felonies, the Ninth Circuit held that making a harassing phone call under a state statute qualifies as a violent felony for purposes of the ACCA.

In another decision that shows the many definitions of violent crimes under Federal law, the Third Circuit concluded "that the crime of felon in possession is not a crime of violence within the meaning of § 3156(a)(4)" (which concerns pretrial detention).

In this brief per curiam decision, the Eighth Circuit rejected claims by more than two dozen inmates at the Yankton Federal Prison Camp who argued that the BOP incorrectly calculates time off for good behavior. Under 18 U.S.C. § 3624(b), Federal inmates can receive up to 54 days credit for ...

The Court rejected the government’s argument that, post-Booker, a sentence within the guideline range is "per se reasonable," but held that a sentence is not unreasonable when the district court fails to discuss the factors set forth in 18 USC § 3553(a).

U.S. v. Lister, 432 F.3d 754 (7th Cir. ...

U.S. v. Lister, 432 F.3d 754 (7th Cir. Dec. 28, 2005) (Judge Bauer)
U.S. v. Menyweather, 431 F.3d 692 (9th Cir. Dec. 16, 2005) (Judge Graber)
U.S. v. Talley, 431 F.4d 784 (11h Cir. Dec. 2, 2005) (Per Curiam)

In U.S. v. Booker, 543 U.S. 220 (2005), the Supreme Court ...

Joining with the First Circuit’s decision in U.S. v. Luciano, 414 F.3d 174 (1st Cir. 2005), the Sixth Circuit held that because the Supreme Court's decision in Crawford v. Washington, 541 U.S. 36 (2004) was concerned only with testimonial evidence introduced at trial, "Crawford does not change our long-settled rule ...

Here, in rejecting a Booker challenge based on the district court's findings of fact regarding tax losses and an obstruction of justice enhancement, the Court emphasized that "Booker did not eliminate judicial fact-finding".

U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy)
U.S. v. Cardwell, 433 ...

See also Footnote 68 where the Court explained why the Supreme Court's ruling in Crawford v. Washington is inapplicable at sentencing.

In this 137-page decision, the 11th Circuit affirmed lengthy sentences for a number of co-defendants in a large drug conspiracy on the basis of hearsay testimony concerning their involvement ...

In a decision that represents a major setback for the Bush Administration’s legal strategy for its war on terrorism, a panel from the conservative and normally submissive Fourth Circuit denied the Government’s request to transfer U.S. citizen Jose Padilla out of military custody (where he has been held for more ...

Amending and replacing decision previously reported at 410 F.3d 1122, and adding partial dissent of Judge Consuelo M. Callahan.

U.S. v. Stone, 432 F.3d 651 (6th Cir. Dec. 23, 2005) (Judge Kennedy)
U.S. v. Cardwell, 433 F.3d 378 (4th Cir. Dec. 30, 2005) (Judge Williams)
U.S. v. Hankton, 432 F.3d 779 (7th Cir. Dec. 29, 2005) (Judge Coffey)

In the eyes of many, the sentencing revolution that was expected ...

U.S. v. Lister, 432 F.3d 754 (7th Cir. Dec. 28, 2005) (Judge Bauer)
U.S. v. Menyweather, 431 F.3d 692 (9th Cir. Dec. 16, 2005) (Judge Graber)
U.S. v. Talley, 431 F.3d 784 (11h Cir. Dec. 2, 2005) (Per Curiam)

In U.S. v. Booker, 543 U.S. 220 (2005), the Supreme Court ...