Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of Booker. The Note develops the history of both Rule 32(h) and the Booker decision, analyzes changes and suggested amendments to Rule 32(h), and concludes that the conflict between Rule 32(h) and Booker can be easily resolved with slight alterations to the language of Rule 32(h)
The Article first provides an overview of the history and prevailing motivations behind the promulga...
This article argues that in addition to the swing toward increased judicial discretion and overall l...
It has been nearly ten years since the Supreme Court’s seminal decision in United States v. Booker, ...
Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the court...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of...
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidat...
The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminat...
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no lon...
This Note examines the inherent conflict among the Federal Sentencing Guidelines, judicial discretio...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
This Note will explore the rarely discussed consequences that result when courts of appeals freely i...
This Note examines the limited-remand approach in comparison with the approaches taken by the differ...
For fifteen years, sentencing in federal court had been governed by the United States Sentencing Gu...
In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempt...
The Article first provides an overview of the history and prevailing motivations behind the promulga...
This article argues that in addition to the swing toward increased judicial discretion and overall l...
It has been nearly ten years since the Supreme Court’s seminal decision in United States v. Booker, ...
Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the court...
United States v. Booker held that the Federal Sentencing Guidelines ( Guidelines ), as they were app...
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of...
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidat...
The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminat...
In United States v. Booker, the Supreme Court held that the Federal Sentencing Guidelines are no lon...
This Note examines the inherent conflict among the Federal Sentencing Guidelines, judicial discretio...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
This Note will explore the rarely discussed consequences that result when courts of appeals freely i...
This Note examines the limited-remand approach in comparison with the approaches taken by the differ...
For fifteen years, sentencing in federal court had been governed by the United States Sentencing Gu...
In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempt...
The Article first provides an overview of the history and prevailing motivations behind the promulga...
This article argues that in addition to the swing toward increased judicial discretion and overall l...
It has been nearly ten years since the Supreme Court’s seminal decision in United States v. Booker, ...