Criminal Law
: Sentencing Law and PolicySome post-Booker SCOTUS doings from a per curiam and a dissent
By Douglas A. Berman (all)
I thought the biggest sentencing news to come from the Supreme Court today would be either the denial of cert in the Troy Davis case (details here from the AP) or the oral argument in the Oregon v. Ice Sixth Amendment case (background here). But, thanks to this post from SCOTUSblog, I just discovered that the Court handed down a notable per curiam decision and Justice Scalia issued a significant dissent in cases involving post-Booker issues. 1. The per curiam opinion in Moore v. United States (07-10689) is available at this link, and here are the important paragraphs from the end of the very brief opinion:Proceeding pro se, Moore again petitioned for certiorari, arguing that the Eighth Circuit?s new characterization of the transcript is wrong, and that it is ?clear that the district court thought judges had no discre[t]ion to reject? the Guidelines ratio...continue to full post
Full post as published by Sentencing Law and Policy on October 14, 2008 (boomark / email).

No Booker/Fanfan Today, but . . . maybe tomorrow?
According to this post by Marty Lederman at SCOTUS Blog, the Court issued one opinion today and it was not Booker/Fanfan...
Peter Goldberger on Booker/Fanfan
You can read Peter Goldberger's take on Booker/Fanfan in this post at White Collar Crime Prof Blog...
Briefs filed Today by Respondents Booker, Fanfan and their Amici
Here are the links to the merits briefs filed today by respondents Booker and Fanfan and their amici...
Links to H.R. 1528 (the Booker-Fix) Materials
H.R. 1528, a drug sentencing bill entitled "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005" whose Section 12 has been called a Booker-fix, was considered in the House Judiciary Committee without anyone being called to testify as to the same...
USSC Booker & Fanfan Page
The U.S. Sentencing Commission has created a Booker & Fanfan Materials page and, although the material is rather scant, you can access the Public Hearing transcript of the sessions held on November 16 and 17, 2004, as well as the submitted testimonies from vatious sources...
SCOTUS doings
The Supreme Court granted cert today in five criminal law (or quasi-criminal law) related cases...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
My daughters father, after being absent for 2 years, was just recently given joint legal with physical placement with me. I found out that his girlfriend, whom the judge in our case has to is not to be involved at all wi
Unfortunately, your daughter has two parents, and a matter such as this can be d...
I had an affair with a man, and his wife sent me a threatening email that she will post this on the web, and will let my family know. I'm married and have a son. Did she break the law by sending me this email?
You really are a sad whore. You broke your marriage vows cheated on your husband...
Would a post nup agreement prevent me from being responsible for his debt
As long as you are legally married (regardless if you live apart), you could be ...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
My daughters father, after being absent for 2 years, was just recently given joint legal with physical placement with me. I found out that his girlfriend, whom the judge in our case has to is not to be involved at all wi
Unfortunately, your daughter has two parents, and a matter such as this can be d...
I had an affair with a man, and his wife sent me a threatening email that she will post this on the web, and will let my family know. I'm married and have a son. Did she break the law by sending me this email?
You really are a sad whore. You broke your marriage vows cheated on your husband...
Would a post nup agreement prevent me from being responsible for his debt
As long as you are legally married (regardless if you live apart), you could be ...








