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Criminal Law

: Tenth Circuit Blog

Separation of Powers Argument Rejected in 3582(c)(2) Context

By Shari Allison

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U.S.. v. Franklin, No. 08-3315 (4/10/09) (unpub'd) - The 10th rejects a separation of powers argument against the refusal to apply Booker to § 3582(c)(2) proceedings. Congress can incorporate a guideline provision as a means of limiting a district court's authority to reduce a sentence.

Full post as published by Tenth Circuit Blog on April 14, 2009 (boomark / email).

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