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Criminal Law

: Sentencing Law and Policy

Lots of SCOTUS action for sentencing fans this morning

By Douglas A. Berman

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In addition to the Dolan ruling noted here, the Supreme Court handed down two more opinions this morning that should be of interest to sentencing fans.  Here are the SCOTUSblog early accounts: 09-5327, Holland v. Florida, Breyer writes again for the Court, reversing and remanding on a 7-2 vote Alito concurs in part and in the judgment. Scalia dissents, joined in part by Thomas The Court permits equitable tolling of the habeas corpus filing deadline under the AEDPA 09-60, Carachuri-Rosendo v. Holder, Stevens writes for the Court, reversing. The result is unanimous, but Scalia and Thomas each file an opinion concurring in the judgment only. The Court rules that second or subsequent crimes of possession of drugs are not aggravated felonies under federal immigration law when the underlying state conviction is not based on the fact that there was a prior conviction...continue to full post

Full post as published by Sentencing Law and Policy on June 14, 2010 (boomark / email).

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