Criminal Law

Tenth Creates Circuit Split with Ninth over Applicability of Booker at 3582(c)(2) Resentencings
U.S. v. Rhodes, 2008 WL 5102247 (12/5/08) (Published) - The 10th holds Booker does not apply to § 3582(c)(2) proceedings. As a result, the guidelines in § 3582(c)(2) proceedings are mandatory and a defendant seeking a lower sentence by virtue of a retroactive guideline amendment may not receive a sentence below the amended guideline range unless the defendant had received a below-guideline-range sentence at the original sentencing...

No Crack Amendment Relief for Career Offender
United States v. Sharkey, ___ F.3d ___, 2008 WL 4482893 (10th Cir. 2008)Retroactive amendments to crack guidelines do not apply to career offender sentence in this case because according to the COA the amendment did not have the effect of lowering the guideline range for career offender guidelines and therefore a reduction was not authorized under 18 USC § 3582(c)(2) and the sentencing commission policy statements...

18 U.S.C. § 3553. Imposition of a Sentence
Post-Booker, with Section 3553(b) gone, we still have the remaining subsections of 3553 to deal with. § 3553. Imposition of a sentence (a) Factors To Be Considered in Imposing a Sentence...

White Collar Sentence Reversed - Too Short
The Second Circuit Court of Appeals in the case of Cutler v. United States, vacated the sentence and remanded for a new sentencing, stating in part: "procedural errors, the clear factual errors, and the misinterpretations of the § 3553(a) factors...

No Variances in 3582(c)(2) Proceedings
US v. Dunphy: Dunphy pleaded guilty to possession with intent to distribute in 2003 and was sentenced to 135 months in prison, the bottom of the Guideline range. After the 2007 crack amendments to the Guidelines were made retroactive, she sought a reduction in her sentence under 18 USC 3582(c)(2)...

Upward Variance Presumed Reasonable
US v. Limon, No. 07-1297, 4/3/08 - Upward variance for defendant who went on a bank robbing spree in which he used firearms affirmed. Lots of bad sentencing facts (multiple priors, increasingly violent crimes, substance abuse and gambling addition issues, scared people, etc...

Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products

Sherwin-Williams
Recalls Krylon UV Fabric Protector due to Respiratory Hazard

Smoke and Carbon Monoxide Alarm Failure

Trasylol
allegedly causing kidney and heart failure.

Hip & Knee Replacement
alleging sterilization practices can cause implant failure.

Tarceva
Safety Data Show Association with Liver Failure and Death

Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit