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Petition Raising Applicability of Booker to section 3583(c)(2) Resentencing Proceedings Set for Conference

By Shari Allison

The first petition raising the issue of whether Booker's flat statement that the guidelines are advisory in all contexts includes resentencing proceedings pursuant to Section 3582(c)(2), US v. Rhodes, Docket No. 08-2111,has been set for conference next week, on April 24. The decision below is found at 549 F.3d 833 (10th Cir. 2008).The Petitioner asks the Supreme Court to address the following issue:Did the Tenth Circuit violate United States v. Booker, 543 U.S. 220 (2005), by holding that the federal sentencing guidelines were mandatory in sentencing hearings held pursuant to 18 U.S.C. sec. 3582(c)(2), thereby conflicting with the holding of United States v. Hicks, 472 F.3d 1167 (9th Cir. 2007)?The Tenth Circuit had concluded that the Sentencing Commission's policy statement in USSG 1B1...continue to full post

Full post as published by Tenth Circuit Blog on April 13, 2009 (boomark / email).