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Showing posts from 2005

Standard of Proof Post-Booker

Nothing was Stirring, Not Even a Mouse

Greetings and Apologies

Habeas Update

For Whom Supervised Release Tolls

Acceptance, judge-found facts, and Bradley waivers...all this and a one line concurrence!

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The Limits of Third-Party Consent

Booker Brainstorming - Session II

Brief update by Julie Anderson, FDSET Paralegal

Prior Convictions and Mandatory Minimums

"She Said, She Said": How Far Can You Go to Save the Deficient Search Warrant?

A Pair of Notable Capital Dissents

Sixth Circuit: Recall mandate to apply Booker? No way.

Good Time Credit -- BOP's interpretation affirmed

Let's Booker Brainstorm Together

Discretionary Departures on Appellate Review -- No Jurisdiction?

Damned if you do, damned if you don't

Booker Vacation?

Has hell frozen over?

When judges are grumpy

Sixth Amendment Right to Jury Trial Applies to Corporations

Supervised Release Revocation Hearings -- No Crawford protections

Restitution-- No Sixth Amendment Problems Here

Grandma + Gun = No Exigency

Booker Update: Episode III

Post-Booker Burden of Proof

The "Three Amigos": alternative sentences, harmless Booker error, and the reasonableness standard

Sixth Circuit has sent mixed messages about whether a defendant "admits" to PSR facts by not objecting to them.

Definition of "Aggravated Felonies" for Guidelines Enhancement in Illegal Re-entry Cases Clarified

Failure to object to PSR facts constitutes Booker "admission"