Search Results for Rita

...Douglas A. Berman © The Ohio State University EDITOR S OBSERVATIONS Claiborne and Rita Booker Cleanup or Continued Confusion? DOUGLAS A. BERMAN FSR Editor and William B. Saxbe Designated Professor of Law at The Ohio State University Moritz College of Law After the Supreme Court recast...

...Carissa Byrne Hessick; F. Andrew Hessick © The Ohio State University Rita, Claiborne, and the Courts of Appeals Attachment to the Sentencing Guidelines This term the United States Supreme Court has granted review in Rita v. United States1 and Claiborne v. United States.2 Both cases arise from...

...Frank O. Bowman, III © The Ohio State University The Question Is Which Is to Be Master That s All : Cunningham, Claiborne, Rita, and the Sixth Amendment Muddle Three things are clear from the Supreme Court s opinion in Cunningham v. California,1 in which the Court struck down California s...

...Stephanos Bibas © The Ohio State University Rita v. United States Leaves More Open Than it Answers PROFESSOR STEPHANOS BIBAS Professor, University of Pennsylvania Law School. This talk was originally delivered to the Eighth and Tenth Circuit Judges Conference, Vail CO, July 12, 2007. I...

... v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States . Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States , a presumption...

... Public Defender s Office, Middle District of North Carolina July 11, 2007 Mr. Chairman and Distinguished Members of the Committee: I want to thank you for convening this hearing and for granting me the opportunity to appear before you today on behalf of my client, Victor A. Rita, Jr. I have been...

... arguments before the Supreme Court in support of the reasonableness of a 33-month sentence received by Victor Rita for perjury and obstruction of justice. Mr. Rita, a highly decorated military veteran who suffers significant medical ailments, was peripherally involved in a federal investigation...

.... II. Rita v. United States The effort to preserve both discretion and uniformity also led the Supreme Court to sacrifice the ordinary practice regarding presumptions in Rita v. United States.9 There, the Court held that if a district court imposes a sentence within the Guidelines, an appellate court...

... society, per the sentiment back then. Women were the low-hanging fruit used to fatten the ranks of individuals indicted in any given drug conspiracy case. Women, such as Rita Becerra21 a rst offender who has served 22 years on a 27-year sentence for conspiracy related to drugs sold by her boyfriend...

..., Rita merely permits, but does not require, appellate courts to adopt a presumption of reasonableness for Federal Sentencing Reporter, Vol. 24, No. 5, pp. 344 347, ISSN 1053-9867 electronic ISSN 1533-8363. This material is in the public domain and may be reprinted. For more information, see the United...

.... Circuit. While the world was waiting for the next development in the Libby saga, on June 21, 2007, the United States Supreme Court handed down its decision in Rita v. United States.3 In a case affirming a thirty-three-month sentence for crimes similar to those committed by Libby, the Supreme Court held...

... the justification given for the Libby commutation directly contradicts previous (and presumably future) Bush Justice Department policy and action. VII. A Comparison of Libby and Rita: What a Difference Knowing the President Makes In granting Mr. Libby s commutation, President Bush maintained that the thirty-month...

..., the Supreme Court granted certiorari in Rita v. United States and Claiborne v. United States to address two main questions relating to the continuing role ALEXANDRA A.E. SHAPIRO* Partner, Latham & Watkins LLP, New York NATHAN H. SELTZER Associate, Latham & Watkins LLP, Washington, D.C. Federal Sentencing...

... issued three decisions directly related to federal sentencing in the wake of Booker . In Rita v. United States , 46 the Supreme Court upheld a federal appellate court’s reliance on a rebuttable presumption of reasonableness for a sentence that was imposed within the applicable guideline range...

... in this unconstitutional fact-finding. Through its subsequent opinions in Rita v. United States, 127 S. Ct. 2456 (2007), Gall v. United States, 128 S. Ct. 586 (2007), and Kimbrough v. United States, 128 S. Ct. 558 (2007), the Supreme Court has reemphasized the advisory nature of the Sentencing Guidelines. Nevertheless...

..., not adequately taken into consideration by the Sentencing Commission. . . . But today, the Supreme Court has made FEDERAL SENTENCING REPORTER VOL. 28, NO. 3 FEBRUARY 2016 171 clear that judges must turn their attention to evaluating the Guidelines themselves in light of the purposes of sentencing. Rita...

... the University of California Press s Rights and Permissions website, httpwww.ucpressjournals.com/reprintInfo.asp. DOI: fsr.2008.20.3.159. FEDERAL SENTENCING REPORTER VOL. 20, NO. 3 FEBRUARY 2008 159 discouraging judicial discretion, appeared to hit its highwater mark with the Supreme Court s decision in Rita...

... numerical recommendation. 12 His concerns are reminiscent of Justice David Souter’s 2007 dissent in Rita v. United States fretting about the Guidelines’ “gravitational pull.” 13 Judge Adelman recommends abolishing numerical guidelines in favor of “requiring a consistency of approach rather than...

... that the guidelines can constructively evolve over time, as both Congress and the Commission foresaw (Rita, 551 S. Ct. at 358). The Commission 82 F e d e r a l S e n t e n c i n g R e p o r t e r V o l . 2 2 , N o . 2 d e c e m b e r 2 0 0 9 remains in place, writing Guidelines, collecting information about...

... and the offender, and in Rita and Kimbrough that judges may disagree with unsound guidelines, and in all of these cases that courts of appeals must apply a deferential abuse-ofdiscretion standard of review to all sentences, the rate of sentences below the guideline range classified as non-government-sponsored...