The Ninth Circuit has issued a significant ruling that rejects fast-track disparity as the basis for a variance in US v. Gonzalez-Zotelo, No. 08-50010 (9th Cir. Jan. 8, 2009) (available here). Here is how the opinion starts: The government appeals the 30-month sentence the district court imposed …
Blogs / Sentencing Law and Policy
Sentencing Law and Policy
Covering capital and non-capital sentencing law and policy issues, with extensive coverage of the impact of Blakely and Booker Supreme Court decisions
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Ninth Circuit rejects variance based on fast-track disparity
http://sentencing.typepad.com/sentencing_law_and_policy/2009/01/ninth-circuit-rejects-variance-based-on-fasttrack-disparity.htmlDoes Cass Sunstein really think capital punishment may be morally required?
http://sentencing.typepad.com/sentencing_law_and_policy/2009/01/does-cass-sunstein-really-think-capital-punishment-may-be-morally-required.htmlThe Washington Post reports here on another prominent law professor about to go from a faculty salary to a government salary: President-elect Barack Obama will name Cass R. Sunstein, a close friend and one of the nation's top constitutional lawyers, to a senior-level post in charge of government regulation, a transition official said. …
Fourth Circuit finds federal sex offender civil commitment law unconstitutional
http://sentencing.typepad.com/sentencing_law_and_policy/2009/01/fourth-circuit-finds-federal-civil-commitment-law-unconstitutional.htmlAs reported here at How Appealing, "a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit [Thursday] declared unconstitutional ... a federal statute intended to allow the federal government to place in indefinite civil commitment 'sexually dangerous' persons who have completed serving their federal prison sentences." Here is a snippet from the start of US v. …
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