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Article • February 14, 2008
Almendarez-Torres v. U.S., No. 96-6839 (U.S. Supreme Court) (523 U.S. 224; 118 S.Ct. 1219) (March 24, 1998) (Justice Breyer) by In a decision that the Court has subsequently described as "at best an exceptional departure from [our] historic practice," (see Jones v. U.S., 526 U.S. 227 (1999)), the Court confronted …
Article • August 1, 2006 • from P&J August, 2006
U.S. v. Washington, No. 04-50431 (9th Cir.) (462 F.3d 1124) (September 6, 2006) (Judge Proctor Jr. Hug) by Defendant was convicted of conspiracy, armed bank robbery, and using, carrying, or possessing firearm in furtherance of crime of violence. The United States District Court for the Central District of California sentenced …
Article • October 1, 2005 • from P&J October, 2005
U.S. v. Estrada, No. 02-1544-cr (L) (2nd Cir.) (428 F.3d 387) (November 2, 2005) (Judge Sonia Sotomayor) by Setting the stage for a battle before the Supreme Court that is almost certain to happen, the Second Circuit held that prior felony drug convictions, which trigger a mandatory minimum sentence of …
Article • August 1, 2005 • from P&J August, 2005
U.S. v. Kortgaard, No. 03-10421 (9th Cir.) (425 F.3d 602) (September 21, 2005) (Judge Melvin Brunetti) by Laron Kortgaard was convicted of manufacturing 50 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Based on his criminal history, Kortgaard’s Guideline sentencing range was 21 to 27 …