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Article • March 7, 2011 • from P&J March, 2011
Pepper v. U.S., No. 09-6822 (U.S. Supreme Court) (562 U.S. 476; 131 S.Ct. 1229) (March 2, 2011) (Justice Sotomayor) by Here the Court held, by a 6-2 vote, that, at a resentencing on a remand, a district court may consider virtually any evidence relating to the defendant including any postsentencing …
Article • November 8, 2010 • from P&J November, 2010
U.S. v. Ovid, No. 09-CR-216 (JG) (E.D.N.Y.) (2010 WL 3940724) (October 1, 2010) (Judge John Gleeson) by Pursuant to the provisions of 28 U.S.C. § 994(o), the Department of Justice (DOJ) is required to submit to the United States Sentencing Commission an annual report commenting on the operation of the …
Article • June 1, 2010 • from P&J December, 2010
U.S. v. Whigham, No. 06cr10328-NG (D.Mass.) (754 F.Supp.2d 239) (December 3, 2010) (Judge Nancy Gertner) by In this noteworthy sentencing memorandum, Judge Gertner explained her reasons for imposing a 60-month sentence on a defendant charged with distributing 4.75 grams of crack cocaine, rather than a sentence within the Guidelines’ recommended …
Article • November 1, 2006 • from P&J November, 2006
U.S. v. Lorenzo, No. 05-16119 (11th Cir.) (471 F.3d 1219) (December 8, 2006) (Per Curiam) by U.S. v. Rodriguez Pena, 470 F.3d 431 (1st Cir. Dec. 11, 2006) (Per Curiam) U.S. v. Lorenzo, 471 F.3d 1219 (11th Cir. December 08, 2006) (Per Curiam) Both of these cases address, inter alia, …
Article • November 1, 2006 • from P&J November, 2006
U.S. v. Rodriguez-Pena, No. 06-1679 (1st Cir.) (470 F.3d 431) (December 11, 2006) (Per Curiam) by Here the Court held that post-sentence rehabilitative conduct provides no basis either for a sentencing reduction in its own right, or for a further downward departure where a § 3582(c) reduction is ordered for …